PADUM LAL Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellant has been convicted under Section 302 IPC to life imprisonment with fine of Rs. 500/-. In the event of failure to pay fine he would have to undergo further two months rigorous imprisonment. He has also been convicted under Section 450 IPC to five years of rigorous imprisonment along with fine of Rs. 500/- failing which he would have to undergo further two months rigorous imprisonment. The conviction is also under Section 380 IPC to three years of rigorous imprisonment along with fine of Rs. 500/- failing which he would have to undergo further two months of rigorous imprisonment. The sentences have been directed to run concurrently. The deceased, Champa Bai, was the mother of the appellant. She is stated to have been done to death in her house in the night of 23.4.2007 and 24.4.2007 while sleeping alone. The Dehatinalishi, Exhibit P1, was lodged on 24.4.2007 at 8.30 a.m. by her son Usatram, PW 1 against unknown. It stated that his mother lived alone. His daughter, Santoshi Bai, PW 2, gave her food the previous evening at 7.30 p.m., locked the front door of the house and came home. In the morning she went and unlocked the door at 7.00 a.m. The necklace of the deceased had been stolen and injuries had been caused by a sharp cutting weapon on the left cheek, left ear and left eye. The unknown thief had jumped into the house after climbing the roof of the neighboring house.

(2.) The postmortem of the deceased, Exhibit P5, was conducted by Dr. Mahaveer Agrawal, PW 13, at 3.30 p.m. on 24.4.2007. Incised wounds were found on the left cheek, in front of the left ear and fracture of the temporal parietal bone 7 x 4 c.m. incised, missing piece of bone 9.1 x 3 to 2 c.ms. with brain surface tinged congested. Death was opined as a result of injury to vital organs and hemorrhage. She was assessed to be 62 years of age.

(3.) F.I.R. No. 109/2007 was registered under Sections 459, 380 IPC on 25.4.2007 on the basis of Exhibit P1 by the Officer In-charge. Section 302 was added subsequently after the deceased expired.