NAND KISHORE @ NANDU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 11.11.2008 passed by the Sessions Judge Harda, District Harda in Sessions Trial No.64/2008, whereby the appellant was prosecuted for commission of offence punishable under Section 302 of Indian Penal Code and awarded sentence of life imprisonment with fine of Rs. 1000/- with default stipulation.

(2.) Prosecution story in brief is that the appellant and deceased who was the wife of the appellant used to drink liquor and there was quarrel between the appellant and deceased. On the date of incident since 7 O'clock in the evening quarrel was going on between the appellant and deceased. The appellant had beaten the deceased and the deceased was lying in the courtyard of the house. The appellant left the house in the morning. Neighbors witnessed dead body of the deceased lying in the courtyard. Thereafter the report was lodged at the Police Station Chhipavad, District Harda. Police conducted investigation and filed charge sheet. The appellant abjured his guilt during trial and pleaded innocence. Trial Court held the appellant guilty and awarded sentence as mentioned above.

(3.) Learned counsel for the appellant has submitted that the conviction of the appellant is based on circumstantial evidence. The evidence is not sufficient to hold the appellant guilty beyond reasonable doubt for commission of offence.