GENDU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant/accused has preferred this appeal being aggrieved by the judgment dated 29.06.1986 passed by IInd Additional Sessions Judge, Chhindwara in S.T. No.98/95, whereby he has been convicted for offence punishable under Sections 302 of the IPC and sentenced to imprisonment for life.

(2.) The prosecution story in brief is that on 21.10.1994 at about 11:30 p.m., in village Sabarkhoh, Police Station, Bichhua, the appellant had taken away the deceased Prakash from his home. After sometime, the family members of the deceased heard the noise of deceased then, they reached on the spot and found that the deceased was badly injured then, he died. FIR has been lodged at Police Station, Bichhua. After due investigation, charge sheet has been filed against the appellant and other accused persons for offences under Sections 148, 302/149 of the IPC.

(3.) Appellant abjured his guilt and pleaded innocence. The trial Court convicted the appellant for offence punishable under Section 302 of the IPC only for committing murder of the deceased on the theory of last seen together and sentenced him for life imprisonment, whereas other accused persons have been acquitted.