GOPALI @ GOPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 29/04/1995 passed in Sessions Trial No. 705/1994.

(2.) Appellant was prosecuted for commission of offence of murder and under Section 324 of IPC along with one co-accused. The trial court held appellant guilty for commission of offence punishable under Section 302 and 324 of IPC and awarded sentence of life and R.I. for one year respectively. The trial court further observed that both the sentences shall run concurrently.

(3.) Prosecution story in brief is that the deceased along with his wife Ramrati Bai had gone at well to fetch water. Accused also came there. Appellant insisted that he was first, hence, he will fetch water from the well first. On this ground there was dispute between the appellant and deceased. Both had abused each other thereafter, accused/appellant had inflicted injuries by iron rod on the head of the deceased and other parts of the body. Wife of the deceased tried to save the deceased, appellant had also beaten her. The deceased was taken to police station where wife of the deceased lodged report Ex. P/1. He was admitted in the hospital. Subsequently, the deceased was died on 14/05/1994. Police conducted investigation and filed charge-sheet. Appellant abjured his guilt and pleaded innocence.