JUDGMENT :

PIYUSH MATHUR, J.

The appellant has preferred this Appeal on being aggrieved by the judgment passed by the First Additional Sessions Judge, Alirajpur, District Jhabua in Sessions Trial No. 456/1999 on Date 14-11-2000, whereby the appellant has been convicted under section 302, Indian Penal Code, for undergoing Life Imprisonment with a fine amount of Rs. 2,000/-.

2. The Prosecution has demonstrated that on Date 24-8-1999 at about 5 p.m. in the evening deceased Sukla, her mother Gendli Bai and sister Kali Bai were making preparations for celebrating the festival of 'Nawai' when accused Subu came into the house along with a large size Falia. The Prosecution story further demonstrate that accused appellant Subu invited Sukla for dinner but he refused on the ground that he had invited her sister for celebrating the festival, therefore he would not have dinner at his place, but the accused forcibly caught hold of his hand and dragged him out of the house. The family members of the deceased (Gendly Bai and Kali Bai) asked the appellant not to take Sukla but he took him out of the house and caused one fatal injury on the neck of the deceased Sukla, on account of which he fell down