RAMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment of conviction and order of sentence dated 07/07/2009 passed by Sessions Judge, Sagar in Sessions Trial No.206/2009 thereby convicting the appellant-Rama under Section 302 of the IPC and sentencing him to imprisonment for life along with with fine with default stipulation.

(2.) As per prosecution story, on 09/09/2009 at about 6.00 a.m. in the morning Kilkoti alias Mukundi came from his house to Kuti and at the place of fire, started to take heat where appellant-Rama was taking. After some time a quarrel had taken place between them and thereafter appellant inflicted multiple axe injuries to Kilkoti alias Mukundi due to which, he was seriously injured and died on the spot. On hearing his shriek Premlal (PW-1) and his wife Anita (PW-2) came at the spot and tried to caught hold the accused but he exhorted and ran away from the place of occurrence. The incident was reported to Malkhan (PW-5) and Ghanshyam Sahu (not examined). Malti (PW-13), sister-in-law of Premlal (PW-1) came at the place of occurrence. Bhalu alias Veer Singh (PW-4) telephonically informed the Police. Report (Ex.P/2) was lodged at Police Station, Shahgarh by Premlal (PW-1). Dehati Marg intimation was also recorded vide Ex.P/1. During investigation, inquest was prepared. After recording police statement, investigation proceeded and after completion of investigation, charge sheet has been filed against the appellant under Section 302 of IPC. After committal, trial was commenced. Trial Court framed charge under Section 302 of IPC against the appellant and he abjured his guilt and prayed for trial. In his defence, the appellant pleaded for false implication and prayed for trial.

(3.) The trial Court after analyzing the evidence gave a finding in para-32 of its judgment that Anita (PW-2), Prembai (PW-6), Poonam (PW-12), Malti (PW-13), Guvandi (PW-14), Maniram (PW-15) and Bhalu alias Veer Singh (PW-4) are hear say witnesses, they had not witnessed the incident and reached at the place of occurrence immediately after the incident. Main eye witness is Premlal (PW-1). After considering their statement found appellant guilty of the offence punishable under Section 302 of IPC and sentenced him as per para-1.