JUDGEMENT

This appeal under Section 374 of the Cr.P.C. has been preferred against judgment dated 13.8.2014 passed by the Additional Sessions Judge, Lahar, District Bhind in Sessions Trial No.18/2013, whereby the appellant has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.20,000/-, with default stipulation. 2. Prosecution story in brief is that on 15.11.2012 at about 2:30 P.M. appellant- Newalal was selling mutton nearby a dirty stream (Nala) on the occasion of Dauj of Diwali. Complainant Ramdas, his brother Hari Singh and Kamlesh were having conversation in front of the house of Gangadeen, at that juncture, younger brother of complainant Ramdas, deceased Ramprasad went to purchase mutton from the appellant and asked for mutton from the accused. Appellant Newalal denied to sell mutton to the deceased saying that he has prepared it for Kushwaha community. When deceased Ramprasad insisted for the mutton saying that he is also paying for the same, appellant stood up hurling abuses upon him and with intention to kill stabbed him with knife on the left side in the ribs, due to which blood started oozing out. Thereafter he was taken to hospital by hand-cart, where doctors declared him dead.

2.1 Complainant Ramdas, brother of the deceased Ramprasad, lodged a Dehati Nalsi (Ex.P-1) and Merg No.38/12 (Ex.P/14) was registered under Section 174 IPC in Police Station Lahar, District Bhind. After enquiry, FIR was registered at crime No.190/2012 (Ex.P/13) against appellant Newalal under Section 302 of I.P.C. investigation ensued.

2.2 During investigation, the accused was arrested, postmortem of the body of the deceased was conducted, knife used in the incident was seized from the appellant and the clothes of the deceased and blood stained soil etc. were sent to Regional Forensic Science Laboratory, Gwalior, for examination and after completion of investigation, charge sheet was filed against appellant before the Judicial Magistrate First Class, Lahar District, Bhind, who committed the case to the Court of Session for trial after completing the formalities under Section 207 of Cr.P.C. 2.3 Charge under Section 302 of I.P.C. was framed and read over to the appellant. He abjured the guilt and claimed to be tried. The prosecution, in order to prove its case, examined as many as 9 witnesses before the trial Court. Apart this, document Ex.P/1 to Ex.P/18 were also marked in evidence. 2.4 The incriminating circumstances appearing against the appellant were brought to his notice in his examination under Section 313 of the Cr.P.C. The appellant either denied or claimed innocence regarding most of the incriminating circumstances and submitted that he has been falsely implicated in this case. In support of his defence, he examined Roshan (DW-1), Shailendra Saxena (DW-2) and Randheer Kushawaha (DW-3) and documents Ex.D-1 to D-6 were also marked in his support. The learned trial Court on the basis of evidence adduced before it, vide the impugned judgment held the appellant guilty for offence under Section 302 of the IPC and sentenced him as mentioned hereinabove.

3. Learned counsel for the appellant taking exception to the impugned judgment submits that conviction and sentence recorded by the learned trial Court is erroneous on facts and law. The evidence has not been properly appreciated. The finding regarding conviction of the appellant is based on conjectures and surmises of the learned trial Court. Therefore, this finding of conviction and consequential sentence may be set aside.

3.1 Alternative limb of the arguments of the counsel for the appellant is that this case on facts does not fall under category of murder as provided under Section 300 of IPC because no premeditation is found proved and also the incident took place at the spur of moment on