BAHADUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 20th July, 1995, passed in Sessions trial No.18/1992. Trial Court held the appellant guilty for commission of offence punishable under Section 302 of IPC with fine of Rs. 500/-and awarded sentence of life.

(2.) Prosecution story, in brief, is that on the date of incident i.e. on 30.10.1991 at 10:00 O'clock in the morning, Motilal [since deceased] had been fetching water from his well, at that time on account of old rivalry, accused persons Dhamakan Yadav, Munna Thakur, Indrapal Yadav and Munna Yadav armed with lathis and the appellant armed with farsa came there. They had chased the appellant at some distance and inflicted injuries on the person of deceased. Allegation against the present appellant-Bahadur is that, he had inflicted injuries by farsa on the person of deceased. The report of the incident was lodged on the same date at 1:15 pm in the after noon. The deceased was sent to Nowgaon hospital. He was referred to District Hospital Chhatarpur where he was died. Police conducted investigation and filed charge-sheet against nine accused persons. The appellant and other accused persons abjured their guilt. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of IPC and other accused persons have been acquitted from the charges.

(3.) Learned counsel for the appellant has contended that there are major contradictions and omissions in the evidence of prosecution witnesses. The witnesses are related witnesses, hence, trial Court has committed an error in holding the appellant guilty for commission of offence of murder. In alternate, learned counsel has submitted that the offence committed by the appellant would fall under Section 304 of IPC.