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P.K.JAISWAL, S.K.AWASTHI
Babulal – Appellant
Versus
State of M. P. – Respondent
Awasthi, J. --1. This appeal under section374 of the Code of Criminal Procedure, 1973 (for short “The Code”) has been preferred by the appellant against judgment of conviction dated 28.5.2010, passed by Second Additional Sessions Judge, Shujalpur, District Shajapur in Sessions Trial No. 285/2009, by which the appellant has been convicted for offence under section 302 of IPC and sentenced to undergo life imprisonment with a fine of Rs.1,000/- and usual default stipulation.
2. The facts necessary to be stated for disposal of the instant appeal are that on 3.9.2009 at about 3.30 p.m., complainant Lakhanlal was doing rectification work of electricity in his house, at that time he heard the voice of his neighbour, appellant- Babulal, who was hurling abuses, when he came outside and saw that Babulal was abusing Kamlabai, the mother of the complainant. When Kamlabai stopped Babulal from hurling abuses, he gave a ‘latti’ blow at her head and as a result she sustained injuries, squatted on the ground and succumbed on the spot. The accused/appellant escaped from the place of occurrence.
3. FIR of the incident was lodged by complainant Lakhanlal at police-station Shujalpur, district
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