BHALYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant being aggrieved by the judgment dtd. 30/12/2014 passed by 4th Additional Sessions Judge, Khargone (West Niman) in Session Trial No.151/2014 whereby the trial court has convicted the appellant for the offence punishable under Sec. 302 of IPC and sentenced him to undergo R.I. for life with fine of R.5,000/- and in default of payment of fine, one year additional rigorous imprisonment.

(2.) According to prosecution story, on 9/3/2014 at 07 a.m., PW-1 Ramesh was informed on a phone call from village that his mother Chanibai has been killed by his father. Then after, on the information received by him he went to village- Baazaar Khodra at his home and saw that his mother was lying dead and there were so many injuries on her mouth, neck and other parts of the body. His younger brother-Amar Singh and sister- Laxmibai told him that their father assaulted their mother by a heavy stick (Khatia kaa Sewala) due to which mother has died.

(3.) After receiving the information, police lodged F.I.R. under Sec. 302 of IPC (Ex.P-1) and arrested the accused and after taking the statements of the prosecution witnesses prepared Laash Naksha Panchaayatnama and sent the dead-body for postmortem. After completing the investigation, police filed charge-sheet before Judicial Magistrate, First Class, Bheekhangaon and as the case was triable by sessions court, the same was transferred to the sessions court.