PRAMODSINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by the appellant challenging the order of conviction under Section 302 Indian Penal Code for murder of his mother and sentence to suffer imprisonment for life and to pay fine of Rs. 5000/-, in default, to undergo simple imprisonment for one year, passed by 1st Ad-hoc Additional Sessions Judge, Shahada in Sessions Case No. 9 of 2005 decided on 7-3-2006.

(2.) Briefly stated it is the case of the prosecution that PW 1 - Devisingh Rajput is the brother of appellant Pramodsingh. Deceased Rajkuwarbai was their mother. They were residing at village Jawde Tarfe Haweli. They own two houses. On 11-9-2004 at about 12 to 12.30 noon the deceased Rajkuwarbai had taken the appellant to their another house which is on the opposite side for reading Hanuman chalisa. At that time PW 1 Devisingh was in their main house. After some time Pramodsingh came from the opposite side. His head was wet. At that time Devisingh was sitting on Ota. Wife of Devisingh served food to the appellant who took food. Devisingh gave him medicines and thereafter the appellant went into village. After some time, PW 4 Sakharam came running and told PW 1 Devisingh that the appellant had came to his house and told him that he had killed his mother with an axe. So Devisingh immediately went to his another house which was on the opposite side where his mother Rajkuwarbai had went with the appellant earlier. At that time Lata -wife of PW 1 Devisingh and Sakharam were also with him. They went and saw that Rajkuwarbai was lying on a Chatai in a pool of blood. She had injury on her head. Thereafter PW Devisingh went to Mhasavad Police Station and lodged complaint. Crime was registered. During investigation police found that the appellant had also gone to the house of one Raghunath (PW 5) and wanted to make telephone call. PW Raghunath was reluctant to allow the appellant to make phone call, but the appellant gave him threat of killing and therefore Raghunath (PW 5) allowed the appellant to make telephone call. The appellant made a call to his relative that he should come as his mother has died. Thereafter the appellant went away. Raghunath redialled the said number and informed the relative of the appellant that no such incident had occurred.

(3.) After filing of the complaint of PW Devisingh, the police came to the spot and drew inquest. They also drew spot panchanama. The dead body was sent for post mortem examination. The appellant was arrested. PW 1 Devisingh produced one blade of an axe which was attached under a separate panchanama. Thereafter clothes of the appellant were also attached under a panchanama. They were blood stained clothes. The attached articles were sent to the CA and finally charge sheet was sent.