SOHRAB KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 22.12.2007 passed by Additional Sessions Judge, Maihar District Satna in S. T. No.234/2007. Trial Court convicted the appellant under Section 302 of IPC and awarded sentence of life with fine of Rs.1,000/-.

(2.) Prosecution story in brief is that the deceased had taken loan of Rs.20/- from appellant. On the date of incident appellant made demand of Rs.20/- from the deceased and abused him. The deceased told the appellant that he had no money at present in that event appellant had taken out knife from his pocket and inflicted a blow at the deceased. He was admitted in the hospital. Thereafter he was referred to Sanjay Gandhi Memorial Hospital, Rewa. After fourteen days from the date of incident i. e. on 17.7.1994 the deceased was died. Police filed charge sheet. Appellant abjured guilt and pleaded innocence. Trial Court held appellant guilty for commission of offence punishable under Section 302 of IPC and awarded sentence of life with fine of Rs.1,000/-.

(3.) Ms. Alka Pandya, learned counsel for the appellant has submitted that conviction of the appellant is based on report lodged by the deceased himself and statement of the deceased recorded by the police treating aforesaid document as dying declaration of the deceased. Eyewitnesses turned hostile, there is no sufficient evidence to hold appellant guilty for commission of offence of murder. In alternate, learned counsel for the appellant has submitted that offence committed by the appellant would fall under Section 304-I of IPC.