KAMOD SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal filed under Sec. 374(2) of the Criminal Procedure Code (hereinafter referred as "Cr.P.C.") assails the judgment passed in Sessions Trial No.227/2012 by learned Second Additional Sessions Judge, Gadarwara, District Narsinghpur whereby the appellant was held guilty for committing offence under Sec. 302 of IPC and directed to undergo life imprisonment with fine and with default stipulation.

(2.) The prosecution story shows that Rambhola (PW-10) lodged a Dehati Nalishi (Ex.P/11) on 20/05/2012 stating that he resides in village Dhingasara. There was a quarrel between his father Kehar Singh and accused persons Kamod and Lalsahab. The quarrel had taken place an year ago relating to purchase of a cow. The accused persons abused his father and had animosity with him.

(3.) On 20/05/2012, he along with his father Kehar Singh was going towards village Kheri in order to give some money to Ramnarayan Paliya. His father was moving ahead and he was following his father by keeping some distance. When his father reached in front of house of Narbadiya Kalar, Bhaiyaji Gujar caught hold of his father, accused Kamod Singh assaulted his father on his head by means of an iron rod. His father fell down. Sahablal and Kamod again assaulted his father by means of lathi and rod. Kamod said that Kehar Singh has died and thereafter crushed the body of Kehar Singh by an auto rickshaw and fled away. Rambhola (PW-10) had seen this incident and immediately informed younger brother Bablu, Ramnarayan Paliya and Bhagwansingh Rajput. After getting help from said persons, he took his father to Salichauka Hospital but Doctor declared him as dead. His father was carrying Rs.80,000.00 which were not found by the complainant.