SHOBHARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant/ accused has filed this appeal U/s 374 of Code Of Criminal Procedure (Cr.P.C.), 1973, being aggrieved by the judgment dtd. 09/11/2012, passed by Sessions Judge, Jhabua (M.P.) in ST No.24/2012, whereby the learned trial court has convicted the appellant U/s 302 of IPC and sentenced him to undergo imprisonment for life and fine of Rs.1,000.00, in default, rigorous imprisonment for a period of 1 month.

(2.) The case of prosecution in brief is that the deceased Ratna was living in village Gavasar Patalia Phalia, O/P Kundanpur, P/S Ranapur, Distt- Jhabua (M.P.), alongwith his family members. On 01/12/2011 at about 08:00 AM, the deceased was cutting bamboo near his under-construction house, at that time his son/appellant Babla came there and told the deceased that he will cut the bamboos for which he asked for axe, to which Ratna asked Babla to go, he will cut the bamboos himself. Then the appellant snatched the axe from the deceased and repeatedly gave blows to the deceased on his vital parts of the body. Wife of deceased Ratni Bai started to cry for help then the appellant had fled away. Kalu (PW-3), Rama (PW-5) and Newala (PW-6) came on the place of incident. Ratni Bai (PW-4) told them about the incident. They had searched the appellant, but he was not traced. On the same day at 09:30 AM ASI P.S. Kayat (PW-1) had lodged an FIR (Ex.P/1) at O/P Kundanpur, against the appellant on the basis of oral information supplied by Kalu (PW-3). He also lodged a Marg (Ex.P/2). On the basis of FIR (Ex.P/1) and Marg Intimation (Ex.P/2). An FIR (Ex.P/12) and Marg (Ex.P/13) were also registered on the same day at P/S Ranapur.

(3.) During investigation, on 01/12/2011, SHO Rajesh Singh Baghel (PW-7) proceeded towards place of incident. He called witnesses by notice (Ex.P/6) and prepared a lash punchnama (Ex.P/7). He sent body of the deceased for post-mortem with application (Ex.P/10). On the same day Dr. S.S. Gehlot (PW-9) conducted the post-mortem and gave post-mortem report (Ex.P/15). During post-mortem he preserved and sealed a shirt, a T-shirt, a woolen shawl of the deceased.