RAJU KAHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 28.10.2005 passed by District & Sessions Judge, Harda in Sessions Trial No.7/2005 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life with fine amount of Rs.200/-, under Section 324 of the IPC, R.I. for one year with fine of Rs.100/- and under Section 452 of the IPC, R.I. for two years with fine of Rs.200/-, with default stipulations.

(2.) The prosecution story, in brief, is that the appellant and the deceased both had tea-stalls near Ganjal river. There was enmity between the appellant and the deceased regard to sell of tea. The appellant came to the house of the deceased. He was armed with an axe at around 3:30 O'clock in the afternoon. He had inflicted two blows of the axe one on the neck of the deceased and another on the right hand. The deceased was taken to the hospital by his son. Subsequently, he was died. Report of the incident was lodged at Police Station-Timarni, District, Harda. Police registered FIR and conducted investigation and filed the charge-sheet.

(3.) The appellant abjured his guilt during trial and pleaded innocence. The trial Court held the appellant guilty for commission of offence punishable under Sections 302, 324 and 452 of the Indian Penal Code because the appellant has also caused injuries to the son of the deceased and awarded punishment as mentioned in para-1 of this judgment.