VIJAY KUMAR Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH (AT: JABALPUR)
STATE OF MADHYA PRADESH
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NANDITA DUBEY,J. -
(1.) This appeal has been filed by the appellant, being aggrieved by the judgment dated 20.02.1997, passed by Second Additional Sessions Judge, Balaghat in S.T. No. 04/1995, whereby the appellant has been found guilty for the offence under Sections 302 and 307 of the Indian Penal Code and has been sentenced to life imprisonment and fine of Rs.1,000/- under Section 302 of the I.P.C. and seven years rigorous imprisonment and fine of Rs.1,000/- under Section 307 of the I.P.C. with a stipulation for 3 months rigorous imprisonment in case of default for each offence.
(2.) The prosecution case, in brief, is that, on 17.10.1994 at about 4-4.30 A.M. in the night, when deceased Sanjay was sleeping with his wife Panchasheelabai (P.W.-1) inside the room, the appellant, who is the elder brother of the deceased attacked them with a night causing grievous injuries to both of them. Hearing the shouts of Pancheelabai (P.W.-1), Dayaram (D.W.-2), father of the deceased and Sakkubai (P.W.-2), mother of the deceased came running to the room and intervened, thereafter Sanjay and Panchasheelabai were taken to the government hospital. Sanjay was referred to City hospital, where en-route he succumbed to the injuries.
(3.) FIR to this effect was lodged by P.W.-1 Panchaseelabai, on the basis of which criminal law was set into motion. Merg intimation was recorded on the information of D.W.-2 Dayaram and spot map was prepared and the statements of other witnesses were also recorded.;
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