TALLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 12.02.2009 passed by the Sessions Judge, Damoh in Sessions Trial No. 112/2008 whereby the appellant has been convicted under Section 302 of Indian Penal Code and sentenced to undergo R.I. for life with fine of Rs. 2,000/- and under Sections 25 and 27 of the Arms Act and sentenced to undergo RI for one year with fine of Rs. 1,000/- and default stipulations.

(2.) The prosecution story in brief is that the deceased was living with his mother. Deceased was salesman in a government shop. Appellant and his wife came to the house of the deceased at 12 o'clock in the noon. At that time, the deceased was sleeping. They told Kusum Bai (PW-1) wife of the deceased to tell the deceased not to come to their house. On the date of incident, at around 4 o'clock in the morning, wife of the deceased had awaken, at that time appellant Tallu came there. He had a gupti (knife). He had inflicted a blow on the stomach of the deceased. The deceased tried to catch hold of the appellant. Sapna-wife of the appellant Tallu also came there and she had pulled away the appellant. The deceased walked towards the courtyard and fell down. He died after sometime. Report was lodged at police station and offence was registered. Police conducted investigation and filed charge-sheet. The appellant abjured guilt and pleaded innocence during the trial.

(3.) The trial Court held the appellant guilty for commission of offence punishable under Section 302 of IPC and Sections 25 and 27 of the Arms Act and awarded sentence as mentioned above. Before the trial Court the appellant and his wife both were prosecuted. The trial Court acquitted Sapna-wife of the appellant from the charges.