(1.) This appeal has been filed by the accused/appellant being aggrieved by the judgment dated 22.2.2005 passed by 3rd Additional Sessions Judge (Fast Track Court), Shahdol in S.T. No.299/2004, whereby the appellant was convicted for offence punishable under Section 302 of the IPC and sentenced for life imprisonment along with fine of Rs.200/- along with default sentence.
(2.) Deceased Jagotiya Bai and the appellant resided at village Tikdi Tola District Shahdol (now is District Anuppur).
(3.) As per the unfolded prosecution story, on 17.9.2004 at about 6:00 p.m., the appellant chased Jagotiya Bai, hence she went to the house of village Sarpanch Balmukund to make a complaint against the appellant regarding the assault committed by the appellant on her. Sarpanch Balmukund asked her to sit for sometime. After completing domestic work, he saw that the appellant reached there and inflicted blows of Besakhi (crutches) to Jagotiya Bai. She sustained injuries. Balmukund went to the house of Jagotiya Bai to inform about the incident and he was bringing her to the police station but on the way Jagotiya Bai died. Merg intimation was lodged by Balmukund at Police Station, Kotama. Thereafter, FIR Ex.P/2 was registered by the police against the appellant for the offence under Section 302 of the IPC. After investigation, charge sheet was filed against the appellant.