RAJU @ RAJMANI Vs. STATE OF M P

JUDGEMENT

(1.) Appellant/Accused has filed this appeal, being aggrieved by the judgment dated 05.01.1996, passed by 4th Additional Sessions Judge, Rewa, in Sessions Trial No.186/94, whereby the appellant has been convicted for offence under Section 302 of the Indian Penal Code and sentenced to undergo for life imprisonment and fine of Rs.100/-, with default stipulation.

(2.) In brief the prosecution case is that Murli (since deceased) was residing at Rani Talab area, Rewa. On 21.05.1994 his younger brother Pancholi (PW-1) reported the matter to the Police Station City Kotwali, Rewa that, at about 6:00 p.m. to 6:30 p.m., he was going to Prabhat Pandey's house to perform duty. On the way in front of house of Advocate Ramesh, appellant and other accused person met him. They abused him, thereafter, assaulted him by Lathi and Danda. He sustained injuries. He shouted for help, his elder brother Murli (since deceased) came there to save him. The appellant and other co-accused persons also assaulted him by Lathi and Danda. He sustained fatal injuries, therefore, he was brought the deceased to the hospital for treatment. Doctor declared him dead. Thereafter, Police Station City Kotwali, Rewa registered crime under Sections 147, 148, 149, 294, 323 and 302 of IPC against the appellant and other co-accused persons. After due investigation, charge-sheet was filed against them before the concerned Court.

(3.) After committal of the case and conducting trial, impugned judgment has been passed by learned trial Court, on the basis of the evidence of injured eye witness Pancholi (PW-1) and other eye witnesses. It was found that their testimonies are duly corroborated by other evidence particularly by the medical evidence. Hence, appellant has been convicted under Section 302 of I.P.C. and acquitted from other charges levelled against him. Other co-accused persons namely Babu, Dhanuka, Lala and Mohan Lal also acquitted from the charges levelled against them.