BANSH RAKHAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment dated 17.8.1995 passed by 2nd Additional Sessions Judge, Sidhi in Session Trial No. 2/95, whereby the appellant has been convicted under Section 302 of IPC and sentenced for life imprisonment.

(2.) The brief facts of the prosecution case is that on 29.10.1994 at about 100 noon, deceased Sukhrajua wife of Daddan was going to Bastua for selling buttermilk. The appellant had enmity with her. He suspected that sukharjua was involved in the black magic on his buffalo so that he along with his son assaulted Sukhrajua with Tangi and Lathi. Sukhrajua died on the spot due to injuries caused by the appellant and his son Vanshdhari. FIR was lodged by her husband Daddan at Police Station Kusumi, District Sidhi. Offence under Section 302/34 of IPC was registered against the appellant and his son Vanshdhari, who was juvenile at that time. Charge sheet has been filed against the appellant before concerned Court.

(3.) The trial Court has convicted the appellant under Section 302 of IPC for committing murder of the deceased on the basis of the testimony of main eye witness Gorelal (PW-2) and Juggi (PW-8). It was held by the trial Court that their testimonies are duly supported by the medical evidence. Therefore, appellant was sentenced for life imprisonment.