Decided on January 15,2018

Shrawan S/O Prahlad Appellant
STATE OF M P Respondents


Anjuli Palo, J. - (1.) This appeal has been filed by the accused-appellant being aggrieved by the judgment dated 6.9.2006, passed by Special Judge, Betul, in Special Case No.97/2005, whereby the appellant has been convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo RI for life.
(2.) In brief the prosecution case is that on 22.4.2005 at village Asari, Police Station Chicholi. Suggabai (since deceased) was alone in her house. Her niece Jyoti (PW1) was playing with the children of Suggabai outside of the house. They saw the appellant came to the house of Suggabai and caused fatal blows to her by means of knife. To save herself, Suggabai ran away towards the neighbour's house. She sustained several injuries. On the information of the incident, police came to the residence of Duklu Aadiwasi (neighbour of deceased). On the oral report of Suggabai, Dehati Nalishi (Ex.P7) lodged against the appellant under Sections 449 and 307 of IPC and section 3(1)(II) and 3 (2) (V) of SC/ST (Prevention of Atrocities) Act, 1989. Suggabai was brought to the hospital for treatment. Her statements under Section 161 of Cr.P.C and dying declarations under Section 32 of IPC have been recorded by the Competent Authorities. She died on 24.4.2005. Hence merg intimation was registered on the report of Ward Boy Surenderlal. The offence was converted into Section 302 of IPC. After due investigation, charge sheet has been filed before the concerned Court.
(3.) After committal of the case, trial was conducted by the trial Court. Charges have been framed under Section 449, 302 and 354 of IPC read with Section 3 (2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 against the appellant. The appellant abjured guilt and pleaded that he has been falsely implicated due to old enmity with the deceased. After considering the entire prosecution evidence, learned trial Court held the appellant guilty for committing the murder of deceased-Suggabai. He has been convicted for offence under Section 302 of IPC and sentenced him to life imprisonment.;

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