CHANDU @ BHAGWAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Chandu @ Bhagwan has filed Cr. Appeal No.2466/2008, against the judgment dated 14.09.2007 passed in S. T. No.95/2006. Trial court convicted the appellant under Section 302 of IPC (for two counts) and 25 of Arms Act and sentenced for imprisonment of life with fine of Rs.500/- in earlier count while RI one year with fine of Rs.100/- in later.

(2.) Prosecution story in brief is that on 21.10.2006 deceased Kishorilal Verma along with his wife at around 6.00 O'clock in morning had gone to worship Narmada on his Bolero vehicle. They had reached at Vivekanand Asharm at around 8.00 O'clock. Bhagwan Patel was driving the vehicle. They stayed in Vivekanand Asharm. They were going to take bath and offer worship at the bank of Narmada. They sent Bhagwan Patel to take Nariyal. On returning back he had seen that the appellant had been inflicting blows of knife at Kishori Lal Verma. His wife Veena Verma tried to save Kishorilal Verma on which appellant had inflicted blows of knife at Veena Verma also. Both were fell down. After hearing cry of Bhagwan Patel other persons Premlal, Shantilal and Dinesh reached on the spot and with their help appellant was caught hold at the spot and incident was informed to the police. Police registered Dehati Nalisi, reached on the spot and arrested the appellant. Appellant was given a contract to construct building of factory of the deceased and there was a dispute in regard to payment of construction work between the deceased and appellant, on that account appellant had killed both the persons. Police conducted investigation and filed charge sheet against two accused persons. Accused persons abjured the guilt. Trial Court acquitted one of the accused person Ramesh Chand from charges and convicted the appellant for commission of offence punishable under Section 302 of IPC (for two counts) and 25 of Arms Act and sentenced for imprisonment of life with fine of Rs.500/- in earlier count while RI one year with fine of Rs.100/- in later.

(3.) There are eyewitnesses of the incident. Appellant was caught hold on the spot.