GANPAT Vs. STATE OF MP

JUDGEMENT

(1.) This appeal is preferred by accused appellant Ganpat who is convicted for commission of the offence under section 302 read with Section 34 of IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. two thousand, in lieu thereof, to undergo additional one year's rigorous imprisonment vide judgment dated 25/4/1998 delivered by Sessions Judge, Vidisha in Session Trial No. 40/98.

(2.) As per the case of prosecution, deceased Bhikamsingh used to play cards with accused Pappu and Ganpat and used to come late in the night. On 30/7/1997, i.e. in the previous night, accused Pappu came to the house of the deceased where both of them watched TV. Thereafter, Bhikamsingh went to the house of Pappu for playing cards. Next day morning i.e. on 31/7/1997 since deceased could not wake up, Bhagwansingh came to the courtyard to awake him. When he lifted the quilt which the deceased was wrapping, he found an injury on the chest of Bhikamsingh and he was lying dead on the cot. On the cry of Bhagwansingh, his wife Kamlabai and neighbours reached the spot.

(3.) Complainant lodged report of the incident at police station, on the basis of which a criminal case was registered against the accused for commission of the offence under Section 302 of IPC. The police after completing the investigation filed challan against accused Pappu who was juvenile and present appellant Ganpat. Accused Pappu being juvenile, was tried by the juvenile Court and was found guilty of commission of the offence under Section 302 of IPC.