PRAMOD KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT-ACCUSED has preferred the appeal against the judgment and order dated 10th May, 1996 in Sessions Trial No. 517/1990 delivered by learned XIIth Additional Sessions Judge, Indore, of his conviction and sentence under Section 302 of IPC for the imprisonment of life and fine of Rs. 500. 00 and in default, RI of three months.

(2.) THE admitted facts of the case are that deceased Sanjay was the son and Kanhaiyalal (P. W. 2) is the brother of accused Pramod Kumar. That the accused with his brother Kanhaiyalal (P. W. 2), his wife, deceased and other sons were living together in a house situated at Malharganj, Indore.

(3.) THE prosecution case is that on 30-8-1990 at about 10. 00 p. m. the accused has asked his son Sanjay to commit the murder of his uncle because he was having the illicit relations with his mother. That when Sanjay refused to commit the murder, the accused provided him two Celphose Tablets. That after taking Celphose Tablets the deceased felt restlessness and he inflicted a blow on the neck of his father, i. e. , accused by the knife and thereafter he went to the Police Station where at 12. 30 in the night report Ex. P-1 was lodged by Sanjay to ASI Dharamsingh Kushwaha (P. W. 1 ). That on the next day Sanjay succumbed to the tablets consumed by him. That on 31-8-1990 the post-mortem was conducted by Dr. Ravindra Jain (P. W. 4) and in the viscera report Ex. P-2 it was opined that it contained the aluminium phosphide known as "celphose". The Investigating Officer Anoop Mishra (P. W. 6) recorded the statement of Kanhaiyalal (P. W. 2) and after usual investigation, the charge-sheet was filed against the accused.