(1.) This appeal has been filed by the accused against the judgment dated 21.01.2009, passed by the Sessions Judge, Jabalpur, in Sessions Trial No.330/2008, whereby the trial Court convicted the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.5,000/-, with default stipulation.
(2.) In brief the prosecution case is that, the deceased Bairagi Baba was living at Pantnagar Vaidanti Temple at Sagar. On 09.05.2008, at about 6 a.m. the appellant came there and quarreled with the Baba to provide him 'ganja-chilam' (a narcotic drug). Baba refused to give it. Then appellant threatened to kill him and went away. On 11.05.2008, at about 3:00 am Bairagi Baba was sleeping in open courtyard of the temple. Mahant of said temple [Narsingh Das (PW-1)] was also sleeping near the Baba. He heard some noises then he woke-up. He saw the appellant inflicting blows on Baba by knife at his neck and chest. When he shouted, the appellant fled away. Bairagi Baba died on the spot. FIR has been lodged by Narsingh Das (PW-1) just after the incident at 5.15 am at Police Station Motinagar and registered as Crime No.327/08. After investigation, charge-sheet under Section 302 of I.P.C. has been filed against the appellant.
(3.) After committal of the case, the trial Court framed charge under Section 302 of the IPC against the appellant. Appellant abjured his guilt and pleaded that he is innocent and falsely implicated in this case. Learned trial Court found the testimony of eye witness Narsingh Das (PW-1) reliable in support of the prosecution story which was corroborated by the medical evidence also. Prompt FIR was lodged against the appellant. Hence, the appellant has been convicted under Section 302 of IPC and sentenced as mentioned above.