VAMAN RAO S/O SHANKAR RAO KANATHE Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
Vaman Rao S/O Shankar Rao Kanathe
STATE OF MADHYA PRADESH
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S.K. Gangele, J. -
(1.) Appellant has filed this appeal against the judgment dated 24.2.2008 passed in S.T. No.156/2007.
(2.) Appellant was prosecuted for commission of offence punishable under Section 302 and 307 of IPC. Trial Court held appellant guilty for commission of offence under Section 302 and 307of IPC and awarded sentence of life with fine of Rs.5,000/- in earlier count while RI for seven years with fine of Rs.5,000/- in later with a further direction that both sentences shall run concurrently.
(3.) Prosecution story in brief is that the deceased had given his T. V. and V. C. D. Player to the appellant fifteen days before from the date of the incident. Appellant did not return back T. V. and V. C. D. Player. On the date of the incident the deceased and P. W. 1 both had gone to the house of the appellant on a motorbike, they entered in the house. The deceased told the appellant to return back T. V. and V. C. D. Player because family members were demanding the same. Appellant told the deceased that he had no money, hence, he had given T. V. and V. C. D. Player in the marriage of sister-in-law, on that account the deceased abused the appellant. The deceased told him that T. V. and V. C. D. Player were given for watching and not for giving the same in dowry. Appellant and deceased both were abusing each other. Appellant told the deceased that he would return T. V. and V. C. D. Player after purchasing the same on receiving salary. On this count appellant had taken out an Axe and inflicted blow on the head of the deceased. P. W. 1 tried to save the deceased, on which the appellant had inflicted blow of Axe on P. W.1 also. P. W.1 went to his house and narrated the incident to his family members. They reached at the house of appellant Vaman, he did not open the door. Thereafter, appellant came and opened the door, the deceased was found dead. P. W.1 was admitted at the hospital and appellant was arrested. Police conducted investigation and filed charge-sheet. During trial appellant abjured his guilt and pleaded innocence. However, trial court held appellant guilty for commission of offence punishable under Section 302 and 307 of IPC and awarded sentence as mentioned above.;
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