MADAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 15/12/1995 passed in Sessions Trial No. 167/94.

(2.) Prosecution story in brief is that on 26/08/1994, deceased and other persons were standing at a gumti. Appellant-Madan came there, thereafter he told that nobody can touch me. In that event deceased had touched him, thereafter, there were hot talks between them. Then appellant had taken out gupti and inflicted a blow at the stomach of the deceased. Deceased was taken to the hospital on motor bike and report of incident was lodged at the police station. On 29/08/1994 in the night deceased was died at the hospital. Police conducted investigation and filed charge-sheet against the appellant. Appellant abjured his guilt and pleaded innocence. The trial court held appellant guilty for commission of murder and awarded sentence of life.

(3.) Learned counsel for the appellant has submitted that the prosecution witnesses turned hostile. Conviction of the appellant is based on dying declaration of the deceased which is not reliable. In alternate, learned counsel for the appellant has submitted that incident had occurred all of sudden, in heat of passion, hence the offence of appellant is covered under exception 4 of Section 300 of IPC and the offence committed by the appellant would fall under Section 304 Part-I of IPC.