MAGAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure is directed against the conviction of the appellant under Section 302 of the Indian Penal Code and sentence of life imprisonment with fine of Rs. 500/ -, awarded to him by the IInd. Additional Sessions Judge, Barwani in Session Trial No. 295/93, vide his judgment dated 14 -11 -1994.

(2.) THE factual matrix of the case lies in narrow compass. Gopal (P.W.4) and Hari (P.W.8) are related as maternal uncle and nephew respectively. Deceased Kalu was the brother -in -law (sister's husband) of Gopal "Kalabai (P.W. 7) is the widow of deceased Kalu, while Kamlabai (P.W. 9) is the sister of Kalabai. The incident is said to have taken place on 30 -8 -1993 around 7.30 p.m. at village Dhanora. According to the prosecution, Gopal and Hari plugged a few maize corn sticks from the field of the appellant and on being noticed by the appellant, some altercation took place between Gopal and the appellant. The appellant caused injuries by Gupti to Gopal in his hand and abdomen. Injured Gopal rushed to his house and related the incident to his sister Kalabai and her husband Kalu the deceased. Kalu in order to settle the matter proceeded to the spot and met Hari and the appellant on way in front of the house of Rechha (father of the appellant). There some altercations took place between the deceased and the appellant. The appellant stabbed Kalu by Gupti in his chest as a result of which Kalu fell down and died. Bheru (P.W. 10) a neighbour of the deceased, Kalabai and Kamlabai had also arrived at the spot. Kalabai widow, lodged First Information Report (Ex. P6) at Police Station, Barwani at 10.30 p.m. on the same day. The Police registered a crime u/ss. 302, 307 and 506 of I.P.C. and the investigation followed.

(3.) THE appellant - accused abjured the charge framed U/8. 302 of I.P.C. against him. His defence was that of total denial of the prosecution case. He pleaded to l1ave been implicated falsely due to enmity.