BAHGIRATH Vs. STATE OF M P

JUDGEMENT

(1.) Facts leading to this appeal are quite simple but heart rending. Appellant stands convicted of an offence punishable under Section 302 IPC and was sentenced to undergo life imprisonment and fine of Rs. 500/- with default stipulation.

(2.) About the following facts, there is no dispute at this stage.

(3.) On the fateful day at about 9 or 9.30 in the morning, appellant was going on an open road carrying his infant son aged about 6 months on his arm. Near village Katchariya, a Tata Sumo was coming from the opposite direction and was being driven by Shantilal (PW2) and Dr. Rakesh Yati (PW1) and Katcharmal (PW15) owner of the vehicle were travelling in said vehicle as passengers. The said infant suffered injuries and was first taken to the Police Station Pipliya-Mandi along with the father where FIR Ex.P.1 was recorded at 10.10 am and a case was registered u/s. 307 IPC. Later on the infant succumbed to the injuries therefore, the appellant stands charged for the homicidal death of his infant son.