GOPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 23.01.1995 passed by VIIIth Additional Sessions Judge, Jabalpur in Sessions Trial No.267/91 whereby the trial Court held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code and awarded sentence of life imprisonment with fine of Rs. 1000/-.

(2.) Prosecution case in brief is that on 04.04.1991 deceased Munshiji was sitting on a bench in front of a betel shop. The appellant was standing there. He had a talk with one Raghuveer about the examination. Raghuveer told appellant that he would make arrangement so appellant could pass the examination and for that purpose Rs. 1500/- would be required. The deceased told the appellant not to speak loudly because there would be disturbance in the examination. Thereafter the appellant had inflicted three blows by knife on the stomach of the deceased and ran away. On the basis of Dehati Nalishi (Ex.P/1) report (Ex.P/19) was registered. The police conducted investigation and filed the charge-sheet. The appellant abjured his guilt during trial. The trial Court held the appellant guilty and convicted him as mentioned above.

(3.) There are eye witnesses of the incident. Kripal (PW/1) deposed that on the date of incident, I had gone to take tea at the shop of Ramesh. His brother Raghuveer was at the shop. In front of a bench deceased Munshiiji was sitting. Appellant was standing behind him. Raghuveer asked the appellant that whether he had given the examination " The appellant replied affirmatively. Thereafter, Raghuveer told the appellant that if he would pay Rs. 1500/-, he will secure passing the examination by appellant-Gopal. The deceased told appellant not to disturb because an examination was going on, in that event the appellant had inflicted three blows of knife on the deceased at his stomach and side. Thereafter, he ran away from the spot. At round 4.30 p.m. police came there and thereafter, I lodged report Ex.P/1 and signed the same.