SAGAN Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 30.01.2008 passed by Session Judge, Chhindwara in Sessions Trial No. 156/2006. Appellant was prosecuted for commission of offence punishable under Sections 302 and 325 of the I.P.C. Trial court held the appellant guilty for commission of offence punishable under Sections 302 and 325 of IPC and awarded the sentence of life with fine of Rs. 2, 000/- under Section 302 and 3 years under Section 325. The Court further order the both sentences shall run concurrently.

(2.) Prosecution story, in brief, is that Aasamati Bai [since deceased], who was wife of appellant was residing in her house. On 11.01.2006 at 7 O'clock in the evening she was preparing food in the meanwhile, appellant came there and he abused the deceased and told her wife that why she did not offer water to bull. Thereafter, he had inflicted injuries by axe on the person of the deceased. Complainant tried to save the deceased, appellant also inflicted injuries on her. Deceased was admitted in District Hospital Chhidwada, she was treated there and discharged on 30.01.2006. Deceased was died on 04.03.2006 after one and half month from the date of incident. She was buried on 05.03.2006. On 28.04.2006, father of the deceased informed police, thereafter her dead body was taken out and post mortem was performed. Police arrested the appellant and filed charge sheet against him for commission of offences punishable under Sections 302 and 326 of the IPC. Appellant pleaded innocence during trial and abjured his guilt. Trial Court held him guilty for commission of offences punishable under Sections 302 and 325 of the I.P.C. and awarded the sentence as mentioned in the impugned judgment.

(3.) Learned counsel for the appellant has submitted that even if the prosecution case is accepted as it is even then the offences committed by the appellant would fall under Section 304 part I of IPC. Hence the appeal filed by the appellant be partly allowed.