Decided on July 12,2018

GHAMANDI Appellant
State Of Through P S Gunour, Panna Respondents


S.K. Gangele, J. - (1.) Appellant has filed this appeal against the judgment dated 04.02.2009 passed in Sessions Trial No.53/2008, by the Sessions Judge, Panna. Appellant and another co-accused Rooplal were prosecuted for commission of offence punishable under Section 302/34 of IPC. Trial Court acquitted the accused-Rooplal and convicted the appellant for commission of offence punishable under Section 302 of IPC and awarded a sentence for Life.
(2.) Prosecution story, in brief is that, on the date of incident i.e. 28.03.2008 at around 4 O'clock in the evening deceased and two accused persons who had taken liquor came there. Appellant asked money from Surendra Singh [since deceased], he refused to give money. On this count, there was a quarrel between deceased and appellant. Both had scuffled and in that event, appellant had inflicted blows by knife at the stomach of the deceased. Father of the deceased came at the spot. He tried to snatch knife from the appellant. He also received injuries. Appellant ran away from the spot. When deceased was on the way, report of the incident was lodged at the Police Station. Police conducted investigation and filed charge-sheet. Appellant abjured his guilt during trial and pleaded innocence. Trial Court held the appellant guilty and awarded sentence as mentioned above.
(3.) Learned counsel for the appellant [amics-curiae] has submitted that evidence of prosecution witnesses is not sufficient to hold the appellant guilty for commission of offence punishable under Section 302 of IPC. She further submitted that even if the evidence of prosecution is accepted as it is, even then the offence committed by the appellant would fall under Section 304 Part-I of the IPC. She further submitted that sentence of the appellant be modified to already undergone. In support of her contentions, learned counsel relied on the judgment of the apex Court in the case of Arun and another vs. State of Chhatisgarh, 2017 3 SCC 247.;

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