BALLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment of conviction dated 31/08/2007 passed in Sessions Trial No.57/06. The trial Court held the appellant guilty for commission of offence punishable under Sections 302 of Indian Penal Code (IPC) and awarded sentence of RI life alongwith fine of Rs.1,000/- with default stipulation RI six months.

(2.) Prosecution story in brief is that deceased (Ramu) was watching the game of kabaddi. Number of boys were playing the game including the brother of the deceased. At around 12 O'clock in the night, appellant came there. He had an axe with him. He inflicted 4-5 blows of axe on the neck and other parts of the body of the deceased. Brother of the deceased namely Rama objected about the aforesaid act. The appellant also threatened him. Deceased died on the spot. Brother of the deceased-Rama informed the incident to his another brother Jhamu. Thereafter, information was given to the Police. Merg intimation was registered, which is Ex.P11. Police registered FIR and conducted investigation. After investigation, charge-sheet was filed. The appellant abjured the guilt and pleaded innocence. The trial Court held the appellant guilty for commission of offence and awarded punishment as mentioned above in the judgment.

(3.) Learned Amicus Curiae for the appellant has submitted that the appellant is innocent. He has not committed murder of the deceased. Prosecution witnesses have turned hostile. The trial Court committed an error in holding the appellant guilty for commission of offence of murder and awarded severe punishment.