PRATAP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed against judgment dated 13.08.2008 passed in Sessions Trial No.197/2007 by Second Additional Sessions Judge, Damoh convicting the appellant for commission of offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment and to pay fine of Rs. 500/-, in default, to suffer further RI for six months.

(2.) The prosecution story, in brief, is that on 11.08.2007 appellant alongwith other members of picnic party went to for picnic at Bhadbhada Ghat at Bebas river in village Ladai Bamhori. While appellant alongwith other members was taking bath in the river, it is alleged that appellant started annoying Bihari by insisting him to take bath in the river. Naresh opposed this act of the appellant as Bihari seemed to be insane. In furtherance thereof, appellant brought a country made pistol (Katta) from his bag and fired on Naresh. As as result, Naresh died on the spot. Thereafter, the appellant threw the dead body in the river. Sachin who was one of the members of picnic party, informed Mohanlal, uncle of Naresh, about the incident. On getting this information, Mohanlal informed the police on telephone, whereon, police reached at the place of occurrence. Merg as well as Dehati Nalishi was registered. Articles were seized from the spot and the body was sent for post mortem.

(3.) Accused-Appellant abjured the guilt and pleaded innocence. The trial Court proceeded against the accused-appellant. After trial, the trial Court convicted the appellant as mentioned here-in-above.