(1.) These appeals filed under Sec. 374 of the Code of Criminal Procedure, 1973 (In short "Cr.P.C) take exception to the judgment dtd. 10/12/2015 passed by III Additional Sessions Judge, Bhopal in Sessions Trial No.258/2011 whereby appellants were held guilty for committing offence under Sec. 302 of Indian Penal Code and directed to undergo life imprisonment with fine of Rs.20,000.00 with default stipulation. In addition, appellant Trayambak was held guilty for committing offence under Sec. 380 of Indian Penal Code for which sentence of two years (R.I.) and Rs.5000.00 was imposed as fine. Both the punishments were directed to run concurrently.
(2.) In short, the story of prosecution is that on 17/01/2011 in Police Station Shahpura, complainant Umesh Saxena lodged a report that he received a phone call at about 2:15 A.M. from her sister-in-law Rani @ Shrutikirti that her father-in-law has been murdered. Complainant Umesh Saxena along with his wife Shashikirti rushed to his father-in-law Bishan Narayan Saxena's house B-155 Shahpur, Bhopal at around 3:00 A.M.
(3.) The complainant found that deceased is lying on a chair/sofa and there is an injury on backside of his head. The blood is coming out from the wound. The blood stained axe is kept in the adjacent room. The almirah in another room is opened and its material is scattered in the entire room. The complainant lodged a report against unknown person alleging that his father-in-law was murdered by said person. Accordingly, Crime No.47/2011 was registered for committing offence under Sec. 302 of IPC.
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