RAMSIYA Vs. STATE OF M P

JUDGEMENT

(1.) Aggrieved by the conviction under Section 302 of the ' Indian Penal Code and sentence of imprisonment for life awarded by the learned 1st Additional Sessions Judge, Alirajpur, vide judgment dated 12th March, 1999, in Session Trial No, 213/1998, the appellant has preferred this appeal.

(2.) Deceased Vesta was the father of the accused, while Kabai (P.W. 2), is his mother and Ambi (P.W, 4} is his brother.

(3.) The prosecution case in short is that on 5-4-1998, at about 4,30 p.m., Nahla {P.W. 3) heard Kabai (P.W. 2) raising an alarm that Vesta was being assaulted and he witnessed that accused was assaulting him with an axe. When he shouted as to why he was belabouring him, the accused ran away. Vesta had injuries on his head and face. He died instantaneously and his sister-in-law Kabai (P.W. 2) told him that while the accused wanted to cut a plant, the deceased 'had stopped him. Enraged, the accused assaulted the deceased, his father.