BHOLA PRASAD RAIDAS Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant stands convicted under Section 376 (1) of the IPC and sentenced to undergo R. I. for 10 years and to pay a fine of Rs. 500/-and in default to suffer S. I. for 2 months. The corresponding judgment dated 30/9/2004. passed by Sessions Judge, Shahdol in ST. No. 131/2004 is the subject matter of challenge in this appeal.

(2.) BRIEFLY stated, the prosecution version is as follows-

(3.) ON being charged with the offences punishable under Sections 376 (1) and 306 of the IPC, the appellant pleaded false implication due to animosity. In the examination, under Section 313 of the Code of Criminal Procedure, he further asserted that consequent to a quarrel that ensued on cutting of Bari (fencing), his mother forbade members of Babbu's family to draw water from the Well with the result that they were required to fetch water from another Well owned by one ganesh Prasad Lohar