ROOSA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed under section 374 (2) of Cr.P.C., 1973 against the judgment of conviction dated 10.11.2006 passed in S.T. No.114/2006 by the Sessions Judge, Betul whereby while finding the appellant guilty under Section 302 of IPC, the learned Judge has awarded life imprisonment to the appellant without any fine.

(2.) In brief the facts giving rise to the present appeal are that on 25.02.2006 at around 8.00 to 9.00 p.m. when deceased Dalsu and appellant Roosa along with other persons were working in the construction work of a house, Dalsu asked Roosa for a matchbox which led to altercation between the appellant Roosa and deceased Dalsu and subsequently resulted in appellant Roosa causing head injury to Dalsu with a stick.

(3.) The prosecution has examined 07 witnesses whereas the appellant has not examined any person in his accused statement under section 313 of Cr.P.C., 1973 His defence is that he has been falsely implicated as the death has occurred on account of falling of wooden log on the head of the deceased in the house which was under construction.