RAKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 6th September, 2005 passed in Sessions Trial No.41/05. The trial Court held the appellant guilty for commission offence punishable under Section 302 of IPC and awarded sentence for life imprisonment.

(2.) Prosecution story in brief is that appellantRakesh was living with the deceased and other family members. Deceased was the mother of the appellant. There was a dispute between the appellant and the deceased in regard to some money transaction. On the date of incident i.e. 03.12.2004 at around 9 O'clock in the morning, deceased was brushing her teeth, the appellant armed with an axe came there and inflicted blows of axe on the person of the deceased. Thereafter, he ran away from the spot. After hearing cry, other family members came on the spot and they had taken the deceased to the hospital, where she was declared dead. The report of the incident was lodged at the police station. Police conducted investigation and filed the charge-sheet. During trial, the appellant abjured his guilt and pleaded innocent. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of IPC and awarded sentence as mentioned above in the judgment.

(3.) Pw-1 Inshu @ Chandra Kumar is the eye witness. He is nephew of the appellant and grandson of the deceased. He deposed that the deceased was brushing her teeth and at that time, appellant had inflicted blows on the person of the deceased by an axe. Thereafter, other family members reached on the spot. He further deposed that he had seen the incident and after inflicting blows, the appellant had run away.