GOPAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by the judgment dated 19.08.2003 passed by 2nd Additional Sessions Judge, Chhindwara in S.T. No.253/2002, the appellant has filed this appeal under Section 374(2) of the Cr.P.C ., whereby he was convicted for offence punishable under Section 302 of the IPC and sentenced for life imprisonment along with fine of Rs.1000/- with default stipulation.

(2.) Brief facts of the case are that a Gram Panchayat house was being constructed at village Chinda and Sarpanch of that village has got placed some bags of cement at the house of Summilal, who lived inside the house of Lal Singh. At the time of incident, Lal Singh was sitting in " Parchhi" of his house with his nephew Summilal. Just then, Deolal came there and complained that he caught the theft of cement, which was brought to make the Gram Panchayat House but it was used by them to construct their own house. The appellant S/o Summilal came out from his house armed with an axe to object Deolal for his complaining, then the appellant assaulted him by axe on his neck. Deolal fell down on the earth and thereafter, the appellant again gave 2-3 blows upon Deolal by axe and ran away from the spot with axe. Deolal died on the spot. Thereafter, Lal Singh lodged FIR at Police Station Harrai. After due investigation, charge sheet was filed against the appellant before the Court of ACJM.

(3.) After committal of the case, learned trial Court framed the charge under Section 302 of the IPC against the appellant. He abjured his guilt and pleaded that he was falsely implicated due to serious enmity on account of Gram Panchayat election.