KRISHAN KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 30/04/2008 passed in Sessions Trial No. 49/2008.

(2.) Prosecution story in brief is that appellant had suspicion that deceased had illicit relationship with his wife Savita Bai. On the date of incident i.e. on 16/10/2007 at around 9 O'clock in the morning appellant had gone to the place of incident. He had some load on his hand and one Trishul in his hand. Thereafter, he had inflicted injuries by trishul at the deceased. He had also beaten the deceased from the handle of trishul, deceased fell down. Persons who were present on the spot tried to save the deceased, however, the appellant tried to inflict injuries on those persons also. After sometime brother of the deceased came at the spot, thereafter, he informed the incident to Harvansh Singh, Choukidar who was present at the forest naka. He informed the same to the police. Police conducted investigation and filed charge-sheet. During trial appellant abjured his guilt and pleaded innocence. The trial court after trial held the appellant guilty for commission of offence punishable under Section 302 of IPC and awarded sentence of life with fine of Rs. 5000/-.

(3.) There are two eye witnesses in the case PW/2 and PW/