RAJU @ RAJKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant-accused has filed this appeal against the judgment dated 20.07.1995 passed by the 2nd Addl. Sessions Judge, Shahdol in Session Trial No. 148/1993 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment.

(2.) In brief, the prosecution case is that, 3-4 days prior to the incident the appellant took the minor daughter of deceased Khiladilal Sharma with him to his room and tried to outrage her modesty. But somehow, she was able to escape. When she told about the incident to her sister and parents, there was a conflict between the appellant and the deceased. On 16.06.1993, in the morning deceased Khiladilal Sharma was on duty at Nagar Palika Naka. At about 8:00 am, appellant came there and assaulted him by gupti (big knife). Khiladilal was taken to hospital in injured condition. His father Balgovind Sharma (PW-14) came to the hospital. Khiladilal narrated the incident to him that the appellant had inflicted blows by a gupti on him. After sometime, Khiladilal died. FIR was lodged by Balgovind Sharma (PW-14) against the appellant. After due investigation, charge-sheet was filed against the appellant.

(3.) After committal of the case, the learned Trial Court relying upon the testimony of eye-witness Harprasad (PW-15) and other evidence held the appellant guilty for committing murder of deceased Khiladilal and convicted him under Section 302 of the Indian Penal Code and sentenced for life imprisonment.