MUNNALAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant/accused has filed this appeal being aggrieved by the judgment dated 02.09.1995 passed by Second Additional Sessions Judge, Jabalpur in Sessions Trial No.506/92 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life imprisonment with fine of Rs. 100/-, with default stipulation.

(2.) In brief the prosecution case is that on 13.03.1992 at about 9.30 pm deceased Kanaiyalal was sitting at his vegetable shop situated at Madan Mahal, Jabalpur along with his father Kailash Chandra and wife Punabai. Appellant came there alongwith another person to take his lone amount from the deceased. Due to the dispute of lone amount, appellant inflicted blow by gupti on the chest of the deceased Kanaiyalal. Kanaiyalal ran towards police outpost Madanmahal. Police was taking him to the Medical College for treatment, but on the way Kanaiyalal died. Hence, dehati nalishi was registered on the report of Kailash Chandra. After due investigation, charge-sheet was filed against the appellant before the concerned Court.

(3.) After committal of the case, the trial Court framed charge under Section 302 of the I.P.C. against the appellant and under Section 302/34 of I.P.C. against other co-accused. They abjured guilt and pleaded innocence.