BALLA @ SAMARU Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by the accused being aggrieved by the judgment dated 6.11.2008 passed by 1st Additional Sessions Judge, Mandla in S.T. No.126/2007, whereby the appellant has been convicted for offence punishable under Section 302 of the IPC and sentenced for life imprisonment and fine of Rs. 1,000/- with default stipulation.

(2.) In brief the prosecution case is that on 21.8.2007 at about 10:40 p.m. FIR has been lodged at Outpost Anjaniya of Police Station, Mandla by Sugreev Gond against the appellant for committing murder of Jhamki Bai (mother-in-law of Sugreev Gond) at village Harrai Tola by inflicting blows of an axe on her neck. After investigation, charge sheet was filed against the appellant for offence punishable under Section 302 of the IPC.

(3.) The appellant abjured his guilt and pleaded innocence. During trial, the trial Court relied on the testimony of child witness Ku. Kiran (PW- 3), her father Sugreev (PW-5) and mother Sonibai (PW-6). The parents of Ku. Kiran Bai reached on the spot just after the incident. They saw that the appellant was present on the spot with an axe. After considering the evidence on record, the trial Court convicted and sentenced the appellant as mentioned above.