MIHILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 14/01/2008 passed in Sessions Trial No. 55/2006

(2.) The appellant was prosecuted along with other accused persons for commission of offence punishable under Section 302, in alternate 302/34, 452, 325, 323/34 and 447 of IPC. The trial court held appellant guilty for commission of offence punishable under Section 302/34 of IPC and awarded sentence RI for life. It is not necessary to consider the evidence in the present case in regard to other accused persons because the appeal has been filed by the present appellant.

(3.) Prosecution story in brief is that on 15/03/2006 at around 2.30 O'clock people assembled at the residence of Rama Lavana. They were singing songs in regard to holi festival named as "fag". Shyamlal, Mariya, Babulal and Mihilal Gond came there. They were also singing fag, however, there was some dispute about melody of the song on that ground there was quarrel between them. When Pooran went to the well to fetch water, Shyamlal and Mihilal came there. They were armed with lathis. It is alleged that Shyamlal and Mihilal inflicted injuries on the head of Pooranlal, he fell down. When Sonabai cryed, Shyamlal had beaten her also. Babulal also came there. He had inflicted injuries at Sonabai by Stone on her back. Son of Sona Bai and other persons were beaten. Report was lodged by Kanni at the police station Panna. Deceased was admitted in the hospital he was referred to District Hospital Panna. On the next day in the evening he was died. Police conducted investigation and filed charge-sheet. Appellant abjured his guilt during trial. The trial court held appellant guilty and awarded sentence as mentioned above.