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2002 Supreme(MP) 81

RAJEEV GUPTA, USHA SHUKLA
Sunderlal – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
Raj Kumar Verma, S.C.Datta, SIDHARTH DATTA,

Judgment

( 1. ) APPELLANT Sunderlal stands convicted under Section 302, IPC, with sentences of imprisonment for life and fine of Rs. 1000/-, vide impugned judgment dated 21-2-90 passed by IInd Additional Sessions Judge, Raisen in Sessions Trial No. 35/89.

( 2. ) APPELLANT Sunderlal has been found guilty of causing solitary incised wound on the head region of his younger brother Hari Singh by means of an axe during the course of an altercation between them in the night of 28-12-88, leading to his death the same night.

( 3. ) APPELLANTs conviction is founded on the solitary eye-witness account of Mishri Bai (P. W. 12), widow of deceased Hari Singh, who has categorically deposed that on the fateful night when her husband Hari Singh was abusing his elder brother appellant Sunderlal, the appellant suddenly came out and dealt one blow by means of an axe on the head region of her husband Hari Singh and, thereafter, fled away.

( 4. ) THE learned Counsel for the appellant vehemently argued that the Trial Court has erred in recording the appellants conviction on the solitary eye-witness account of Mishri Bai (P. W. 12), who being the widow of deceased Hari Singh, is an interested witness. ( 5. )












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