BHAIYALAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 27.09.2007 passed by the First Addl. Sessions Judge, Shahdol in Sessions Trial No. 316/2006 whereby the appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I. for life & fine of Rs. 500/- with default stipulations.

(2.) The prosecution story in brief is that on the date of incident i.e. on 15.09.2006, appellant (father of the deceased) and Kamlesh were taking the wood kept in the courtyard of the deceased. Bakar Sahu (since deceased) and his wife objected to the aforesaid act and in that event, the appellant abused the deceased and caused injuries on the person of the deceased by a tangi. The deceased died on the spot. Next day in the morning, report was lodged at police station by Babulal (PW-4). Police conducted investigation and filed charge-sheet. Appellant abjured his guilt during the trial.

(3.) The Trial Court held the appellant guilty for commission of offence punishable under Section 302 of the Indian Penal Code and awarded sentence as mentioned above.