MICHOU & ANR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 22.08.2008, passed by the VI Additional Session Judge, Sagar (MP) in Session Trial No. 168/2006, whereby appellant No. 1 has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with fine Rs. 1,000/- and default stipulations and appellant No. 2 has been convicted under Section 302 r/w Section 34 of IPC and Section 354 of Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 1,000/- and RI for three months, respectively for committing murder of the deceased. Both the sentences of appellant No. 2 shall run concurrently.

(2.) Brief facts of the prosecution case is that on 19.03.2006 at about 4:00 pm at Village Berkhedi Mauja deceased Anita and her niece went to collect wood from the forest. At that time appellants came there. Appellant No. 2 Dashrath caught hold of Anita and appellant No. 1 Michou inflicted injuries on her with an axe. Due to that injuries, she fell down. Ranu ran away from the spot to call her uncle Phaggu (husband of the deceased). Phaggu immediately reached there. Anita narrated about the whole incident to him. She was taken to the Police Station, Rehli where FIR was lodged by Phaggu under Sections 307 and 304 r/w Section 34 of IPC against the appellants. Thereafter, she was taken to the hospital but she died on the way. Hence, offence under Section 307 of IPC was converted into Section 302 of IPC. After completion of investigation, charge-sheet was filed before the concerned Court.

(3.) After committal of the case, the trial Court framed charges under Section 302 against appellant No. 1 Michou and under Section 302 r/w Section 34 and Section 354 against appellant No. 2 Dashrath. The trial Court found the aforesaid charges proved against the appellants, hence they were convicted and sentenced as mentioned above.