AJAY CHOUDHARI Vs. STATE OF M P

JUDGEMENT

(1.) Appellant/Accused has filed this appeal under Section 374(2) of Cr.P.C. against the judgment dated 11.04.2008 passed by the Sessions Judge Shahdol, District Shahdol in Sessions Trial No.29/07 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo for life imprisonment and fine of Rs.500/-, with default stipulation.

(2.) In brief the prosecution case is that on 21.10.2006 at about 7:00 p.m. Ganga Prasad Choudhary (since deceased) along with his wife Jeena Choudhary and sister-in-law Ritu were returning from Bijuri Bazar. At Railway Station, Bijuri on platform no.3 one goods train was standing. They came out from below the said train, the appellant was standing there armed with gupti. He assaulted the deceased. Wife of the deceased shouted but nobody came there. Appellant forced her to run from there. Ganga Prasad died on the spot. Wife of the deceased sent her sister Ritu to the house and then her parents came there. The Station Master informed the G.R.P., Annuppur that one unidentified person is lying dead on the platform no. So marg intimation was registered under Section 302 of IPC against the appellant. After completion of investigation, charge-sheet was filed before the concerned Court.

(3.) After relying the testimonies of Jeena Chaudhary (PW-4) wife of the deceased, Dr. O.P. Chaudhary (PW-2) and other witnesses, learned trial Court held the appellant's guilty for committing murder of the deceased. Hence, appellant was convicted and sentenced as mentioned above.