TANTU @ KAMAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 10.12.2007 passed in S. T. No.124/2007. Trial court convicted the appellant under Section 302 of IPC and sentenced for imprisonment of life with fine of Rs. 200/-.

(2.) Prosecution story in brief is that the deceased was younger sister of the appellant. Appellant was not happy with the deceased because she had married against the wishes of the appellant. On the date of incident i. e. 27.9.2006 the deceased along with her aunt Sehma Bai was coming back from a Well. She was carrying water in a little pot (Kundi) on her head. Appellant came behind her. He had an Axe with him and inflicted blows of Axe on her neck. Her uncle came on the spot. Thereafter, He noticed that deceased was lying on the earth. The report of the incident was lodged at Police Station by Jagdish. Police conducted investigation and filed charge sheet. Appellant abjured guilt and pleaded innocence. Trial court held appellant guilty for commission of offence punishable under Section 302 of IPC and awarded sentence of life.

(3.) Learned counsel for the appellant has submitted that evidence of related eye-witnesses and other witnesses is not reliable. As per evidence of Doctor there was no injury of Axe on the person of the body of the deceased. Hence, trial Court has committed an error in holding that offence has been proved against the appellant beyond reasonable doubt.