PAVAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant/Accused has preferred this appeal challenging the judgment dated 17.11.1994, passed by the Ist Additional Sessions Judge, Shahdol, in Session Trial No. 187/1992, whereby the appellant has been convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs. 5000/- with default stipulation.

(2.) The prosecution story in brief goes to show that at the time of incident the appellant and Madhuram (PW-1) father of the deceased both were working in forest department. They resided in the house opposite to each other. They had old enmity with each other. In the year 1989, an istigasa (complaint) was filed against both of them under Section 107/16 of Cr.P.C. by the police station, Betul. It was alleged that the appellant tried to outrage the modesty of the daughter of the complainant. The complainant Madhuram (PW-1) scolded him and the appellant threatened him. Due to fear of defamation of his daughter, the complainant did not lodge any report against the appellant. On 18.07.1992 at about 30 pm son of complainant Madhuram (PW-1) returned from his school and went to play. The appellant took Deepak to a vacant room in his house. He strangulated Deepak with cloth. It was alleged that other accused persons Pradeep, Janki and Mathura Bai helped the appellant. Madhuram (PW-1) father of the deceased lodged FIR against all of them. Charge sheet has been filed before the concerned Court.

(3.) The trial Court framed charges under Sections 302, 201, 120-B, 363 and 342 of IPC against them. They abjured guilt and pleaded that they were falsely implicated by the complainant.