MOHAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant challenging the judgment dated 3.1.2008, passed by District Judge, Damoh in Sessions Trial No.188/2007, whereby the appellant has been convicted for offence under Section 302 of Indian Penal Code and sentenced for life imprisonment and fine of Rs.2000/- with default stipulation.

(2.) The prosecution story in brief is that on 8.9.2007 at about 8.00 pm at Mallpura in front of the shop of Arjun, the appellant alongwith Ravi (co-accused acquitted by the trial Court) were abusing in the society. When Dharmendra tried to stop him, the appellant inflicted blows of an axe on his neck and ear. Dharmendra fell down and died on the spot. His wife Savita and other persons came there. They brought him to District Hospital Damoh. FIR has been lodged by eye witness Hariram at Kotwali, Damoh and registered as Crime No.603/2007. A crime for the offence under Section 302 / 34 has been registered against the appellant and other accused person. After investigation charge sheet was filed against them.

(3.) The trial court framed charge under Section 302 of IPC against the appellant. He abjured guilt and pleaded innocence. Learned trial Court found the testimony of eye witnesses trustworthy which is corroborated by the medical evidence. Hence the appellant has been convicted under Section 302 of IPC and sentenced as mentioned above.