AFSAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 8-7-1997 passed by the learned Additional Sessions Judge, Dabra, Distt. Gwalior, in Sessions Trial No. 246/94, convicting the appellant under Section 302/34 of IPC and thereby sentencing him to suffer life imprisonment, this appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) IN brief, the case of the prosecution is that on 25-3-1974 at 7 in the morning Lachchhiram (hereinafter referred to as 'the deceased') along with his brother Sunman was going to Dabra to purchase house hold items. He was accompanied by Hukuma and Puran. All these persons were going on their foot. As soon as they reached nearby Bhadau Nariya, it is said that appellant as well as absconding co-accused Ramesh met these persons. It is said that absconding accused Ramesh hurled a taunt to him and by hurling the abuses, stated that he was waiting for the deceased and thereafter absconding accused Ramesh dealt axe blow on his person. Thereafter, in order to share the common intention to kill the deceased appellant also dealt axe blows on his waist as well as on his neck region.

(3.) THE learned Trial Judge framed charge punishable under Section 302/34 of IPC against the appellant, which he denied and requested for the trial.