NATHULAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant/accused has filed this appeal being aggrieved by the judgment dated 27.12.2007 passed by learned VI th Additional Sessions Judge, Jabalpur in S.T. No.25/2006 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life and fine amount of Rs.1,000/-, with default stipulation.

(2.) The prosecution story in brief is that on 08.11.2005 at about 8.30 pm at Ranjhi the appellant committed murder of Prabhu Yadav because he was involved for a construction of a temple at public place. Appellant raised objection for it. When Prabhu Yadav (since deceased) went to lock the gate of the said temple, at that time appellant assaulted him by knife. Mansha Yadav (PW-4) wife of deceased came to rescue him then appellant fled away from the spot. Some neighbours were witnessed the said incident. They saw the injuries of Prabhu Yadav. They brought him to Police Station. Mansha Yadav (PW-4) lodged FIR (Ex.P/4) at Police Station Ranjhi, Jabalpur angainst appellant. Deceased had died in Victoria Hospital, Jabalpur. Police registered case under Section 302 of I.P.C. against the appellant. After completion of investigation, charge-sheet for the offence under Section 302 of I.P.C. has been filed against the appellant.

(3.) After committal of the case, learned trial Court framed charge under Section 302 of the Indian Penal Code against the appellant. Appellant abjured his guilt and pleaded that he is innocent and falsely implicated in this case.