KRISHNA GOPAL SHUKLA Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenge in this criminal appeal under Section 374(2) of the Cr.P.C. is to the legality and correctness of the judgment of conviction and order of sentence dated 31.01.2008 passed by the Sessions Judge Gwalior in Sessions Trial No.201/2007, whereby and whereunder accused-appellant Krishna Gopal has been convicted under Section 302 of the IPC and sentenced thereunder to suffer rigorous imprisonment (for short RI) for life with a fine of Rs. Rs.1,000/- (one thousand). It be noted that no default sentence has been awarded to him.

(2.) The necessary facts for adjudication of this appeal, in brief, are given below:-

(3.) The learned Sessions Judge framed a charge against accused Krishna Gopal under Section 302 IPC. He pleaded not guilty to the charge and prayed for trial. Thereupon, he was put to trial. In the examination under Section 313 Cr.P.C., he denied all the incriminating evidence and circumstances appearing against him in the prosecution evidence. He stated in his defence that he does not know deceased Narmada. She was neither his wife nor his keep. She had not been burnt in his house. The police falsely implicated him in the case. He also examined in his defence Devendra (DW-1), Dharmendra Singh (DW-2) and Head Constable Ramesh (DW-3).