OMPRAKASH CHOUDHARY Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 26.04.2013 passed by 1st Additional Session Judge, Hoshangabad in Session Trial No. 48/2007. Appellant was prosecuted for commission of offence punishable under Section 302 of the I.P.C. Trial court held appellant guilty for commission of offence punishable under Section 302 of IPC and awarded the sentence of life with fine of Rs.5, 000/-.

(2.) Prosecution story in brief is that there was quarrel between accused, Surendra (absconded coaccused) and deceased Maheshchandra Choudhary (PW-4). Sukhdeo @ Baba (PW-11) pacified the quarrel. Thereafter these accused persons-appellant alongwith other accused persons went on the spot. The present appellant was armed with lathi and other accused persons were armed with farsa, sword and axe. They had beaten the deceased. He was died on the spot. The Station Officer received information on phone that somebody was killed. He reached on the spot and registered Dehati Nalishi (Ex.P-7). Thereafter investigation was conducted and police filed the charge-sheet. Initially seven persons were made accused. Four persons were tried separately, one accused was tried in separate trial and two accused persons are absconding.

(3.) Appellant was absconding initially thereafter he was arrested on 18.07.2010 and prosecuted. He abjured his guilt and pleaded innocence. The trial Court has held that the appellant guilty for commission of offence punishable under Section 302 of the I.P.C and awarded sentence.