CHUNWADA KACHHI Vs. THE STATE OF M.P.

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 05.09.1995 passed in Sessions Trial No.155/1993. 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.

(2.) Prosecution case in brief is that there was a dispute between the appellant and the deceased about distribution of mangoes, for which, the deceased had lodged a report at the police station against the appellant one day before the incident. When the deceased was sleeping in the house, the appellant entered the house in the night and inflicted blows by gadasa (chopper). Neck of the deceased was chopped of. The incident was witnessed by the wife of the deceased. Father of the deceased namely Ram Kripal lodged report at the police station. On the report, a FIR was registered at the police station. Police conducted investigation and filed charge-sheet against the appellant. The appellant abjured the guilt and pleaded innocence. The trial Court, after trial, held the appellant guilty for commission of offence and awarded sentence as mentioned above in the judgment.

(3.) Learned Amicus Curiae for the appellant has submitted that the trial Court committed error in convicting and sentencing the appellant. There in no independent eye witness of the incident.