SHISHUPAL Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant being aggrieved by judgment dated 6th March, 2009 passed in Sessions Trial No.185/2007 by the Court of Second Additional Sessions Judge (Fast Track), Pichhore, Distt. Shivpuri. Vide impugned judgment appellant Shishupal son of Natthusingh Khangar has been convicted under Section 302 of IPC with life imprisonment and fine of Rs.500/- and in case of default in payment of fine, three months additional RI.

(2.) It has come on record that appellant is in custody since 16.7.2007 continuously.

(3.) Prosecution story is that accused Shishupal is cousin brother of complainant Raghuveer. At village Charkola Raghuveer had erected a small hutment on a Government land because where the complainant was residing, space was scarce and was not sufficient for the family. Because of such erection of hutment on a Government land, there used to be a dispute between the complainant and the accused. It is submitted that on 12.7.2007 at about 7.30 am when son of the complainant Raghuveer, namely Sumersingh was sitting at 'Athai' of the village, then accused out of enmity hit Sumersingh with an axe in his neck and when Ramsingh and Badalsingh challenged him, then leaving his axe at the spot he ran away.