VIKRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under section 374 (2) of the Cr.P.C., 1973 has been filed arising out of the judgment dated 15.9.2006 passed by the Sessions Judge, Ujain in S.T. No. 55/2006, by which the appellant is convicted for the charge under Section 302 of the IPC while two co-accused namely Sitaram and Sajanbai have been acquitted from the charge under Section 302/34 of the IPC and the appellant is sentenced to undergo the Life Imprisonment with fine of Rs. 3,000/-, in default one year S.I.

(2.) The prosecution as alleged is that on 25.10.2005 at about 8 p.m. in the night in village Salakhedi, there was some quarrel in-between Rajkunwar and Sajanbai. Deceased Modsingh was present there. He made an attempt to pacify the issue giving advise to Rajkunwar. In the meantime accused Vikram came and said why Modsingh is quarrelling with his mother and on the fraction of moment he assaulted by means of knife on his stomach and ran away from spot. Complainant Mohan brought the Modsingh in a tractor to the hospital, where he was declared dead by doctor. On the FIR of Mohan Singh offence was registered under Section 302 read with Section 34 of the IPC and section 25(A) of the Arms Act at Crime No. 322/05 by Police Station Tarana. The police has investigated the matter and completed the said investigation.

(3.) After completion of the investigation, Challan was filed before the competent Judicial Magistrate First Class, Tarana which was registered as Case No. 29/06. As the offence was triable by the Court of Sessions, therefore, it was committed, where the Sessions Judge framed the charge under Section 302 of the IPC against the appellant Vikram, while against other two co-accused persons namely Sitaram and Sajanbai charge under Section 302/34. The accused persons have abjured their guilt and taken a defence that wife of Modsingh was chopping the vegetable outside the door, at that time there was quarrel in-between them and Modsingh made 3- 4 slaps over the face of his wife, at that time the knife which was in the hand of his wife, Modsingh received injuries due to which he died and the accused persons have been falsely implicated in this case.