MUNNA AND ANOTHER Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 20th October, 1994 passed by Sessions Judge, Sagar in Session Trial No. 42/1994, Sagar. Appellants were prosecuted for commission of offence punishable under Section 302/34 of the I.P.C. The Trial Court held the appellants guilty for the aforesaid offence and awarded sentence of life.

(2.) The prosecution story in brief is that on 14.12.1993 deceased Annu Shukla had beaten appellant Munna and since then appellants had ill-will against him. On 18.12.1993 at about 8 o'clock in the morning when deceased was coming from river both the appellants had been chasing him. Appellant Ralli had a Lathi and Munna had an axe. PW 2 was sitting outside of his House. Deceased entered in the house of P.W. 2. Accused persons chased him and they had also entered into the house. They had beaten the deceased. P.W 2 witnessed the incident. He had informed father and brother of the deceased. Thereafter father and mother and other persons reached at the house of the P.W. 2. On the way appellants also met them they were armed with Lathi and Axe. F.I.R was lodged at the police station. Police conducted investigation and filed charge sheet.

(3.) Appellants abjured their guilt during trial and pleaded innocence. Trial Court held the appellants guilty for commission of offence and awarded sentence.