Point of Law: The academic distinction between 'murder' and 'culpable homicide not amounting to murder' has always vexed the Courts. The confusion is caused, if Courts losing sight of the true scope and meaning of the terms used by the legislature in these sections, allow themselves to be drawn into minute abstractions.

JUDGMENT :

Ajai Tyagi, J.

1. This appeal has been preferred by the appellant-Gulab Yadav against the judgment and order dated 22.08.2012, passed by Sessions Judge, Mahoba, in Session Trial No.67 of 2011 (State vs. Gulab Yadav) arising out of Case Crime No.200 of 2011 under Section 302, 506 IPC, Police Station - Panwadi, District - Mahoba, whereby the appellant-accused was convicted and sentenced for life imprisonment and fine of Rs.20,000/- under Section 302 IPC. He was directed to undergo further imprisonment for two years, in case of default of fine. The appellant was further convicted and sentenced for two years R.I. under Section 506 IPC. All sentences were directed to run concurrently.

2. The facts giving rise to this appeal are that First Information Report was lodged by complainant Ram Babu at Police Station - Panwadi, District - Mahoba stating that on 26.02.2011 at about 12:00 noon Gulab Yadav, resident of that village, came and started demanding Rs.200/- for labour charges from the wife of complainant Ram Devi. She told that she was going to her house for lunch and would pay rupees after that. As soon as she started walking towards her house, Gulab Yadav hit the wife of the complainant at her neck with the axe in his hand. She sustained injury due to which after some time she died. Accused fled away from the spot by intimidating the persons present at the spot.

3. On the basis of above written report, a Case Crime No.200 of 2011 was registered at Police Station- Panwadi, District-Mahoba, under Section 302 and 506 IPC. S.O. Vishnu Pal Singh took up the investigation and recorded statements of witnesses under Section 161 Cr.P.C. I.O. prepared site-plan on the pointing out of the Kumari Shilu, daughter of the complainant. He also prepared site-plan and collected plain and blood stained earth from the place of the occurrence and the dead body was sent for post mortem. During the course of investigation, the Axe used for commission of crime was recovered on the pointing out of the appellant. After completing the investigation, charge sheet was submitted against the appellant under Section 304 and 506 IPC. The case being exclusively triable by court of session was committed to the court of competent Magistrate for trial.

4. Charges were framed by learned trial court against the accused under Sections 302 and 506 IPC. Charges were read over to the accused, who denied the charges and claimed to be tried.

5. To bring home the charges, following witnesses were examined by the prosecution:

6. Apart from oral evidence, following documentary evidence were produced by prosecution and proved by leading the evidence:

7. Statement of accused was recorded under Section 313 Cr.P.C., in which he said that false evidence is produced against him. Accused produced two witnesses in his defence.

8. We have heard Shri Rajrshi Gupta, learned Amicus Curiae appearing for the appellant, learned AGA for the State and perused the record.

9. Learned counsel for the appellant submitted that appellant has been falsely implicated in this