PANCHAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 20.08.2015 passed by Additional Sessions Judge, Karera, District Shivpuri in S.T. No. 52/15 whereby the appellant has been convicted under section 302 of the IPC and sentenced to imprisonment for life with fine of Rs. 2000/-, in default to suffer additional imprisonment for one year.

(2.) The prosecution story, succinctly stated, is that on 9/1/2015, complainant Pappu Aadivasi along with his maternal uncle Sookha and Randheera lodged a report to the effect that on 8/1/2015, at about 7-8 PM, when he was at his home, his mother-in-law Neema came and informed him that her husband and son Pancham were fighting with each other under intoxication. As complainant reached near the house of his father-in-law Kalicharan, he found that Kalicharan and his son i.e. present appellant Pancham were amidst an altercation and were abusing each other filthily. Pancham was having a Lathi. Kalicharan was abusing him. Being enraged, Pancham dealt a Lathi blow on Kalicharan's head near right eye due to which Kalicharan fell down. He again gave a Lathi blow on right occipital region. Blood started gushing out and Kalicharan succumbed to the injuries on the spot itself. The incident was witnessed by Sookha, Randhira and other inhabitants of the locality, while appellant Pancham fled from the spot.

(3.) The appellant abjured the guilt and pleaded false implication. In the examination under Section 313 of the Code of Criminal Procedure, he pleaded that he had been implicated on the basis of animosity and that the deceased had died having fallen on a stone. However, no evidence was led in defence.