TUFAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment and sentence dtd. 27/4/2017 passed by 3rd Additional Sessions Judge, Shivpuri, in S.T. No 400169 of 2012, and convicted and sentenced the Appellant for the following offences :

(2.) The facts necessary for disposal of present appeal in short are that on 26/3/2012 at about 16:30, the complainant Daujaram (father of the Appellant) lodged an FIR in an injured condition that he, his wife and Asha were in the house. At about 1:00 P.M., Anguri bai made a complaint that the Appellant always sits outside her house, and he should not sit there. When he asked his son (Appellant) as to why he sits in front of the house of others, then the Appellant became angry and assaulted Phuliabai (mother of Appellant and wife of Complainant) twice by lathi. Blood started oozing out from her head and both ears. When the complainant tried to save her, the Appellant started assaulting the complainant also. Lathi blows were given thrice as a result he has sustained multiple injuries on his head. Lathi blow was given on left thigh as well as on his shoulders. When he tried to catch hold the lathi, then he sustained injuries on his thumb. His daughter-in-law Asha shouted to come inside the room and accordingly, he and his daughter-inlaw locked themselves inside the room. After some time, the Appellant went away. Thereafter, the complainant came out and found that his wife had already expired and her dead body is lying there. Accordingly, the FIR was lodged. The complainant was sent for medical examination. The post-mortem of the dead body was got done. The statements of witnesses were recorded. The Appellant was arrested. The police after completing investigation filed charge sheet against the Appellant for offence under Ss. 302,307 of IPC.

(3.) The Trial Court framed charges under Ss. 302,307 of IPC