BABLOO @ VIRENDRA KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 26-2- 2009 passed by 2nd A.S.J. (Fast Track Court), Ganj Basoda, Distt. Vidisha in Sessions Trial No.193/2007, by which the appellant has been convicted under Sections 302 , 307 of I.P.C. and has been sentenced to undergo the Life Imprisonment and a fine of Rs.2,000/- with default imprisonment and rigorous imprisonment of 10 years and a fine of Rs. 500/- with default imprisonment respectively.

(2.) The necessary facts for the disposal of the present appeal in short are that, on 5-6-2007 at about 20:00, the appellant himself lodged a F.I.R., Ex.18, giving information that he is a labourer by profession and came back to house at about 7:30 P.M. After taking out his sleepers outside the house, he went inside the house and his step sister Puja was sitting outside on the platform. Umesh, who is neighbor enquired from Puja about the sleepers who informed that the appellant is inside the house. At that time, the deceased Prembai, who is the real mother of the appellant also came there, and the appellant enquired from his mother that what is going on in the house. Her mother (deceased) replied that the appellant is nobody to ask such a question. The appellant also enquired from Puja that what Umesh was saying to her but Puja replied that Umesh had not said anything. It was also mentioned by the appellant in the F.I.R. that, Puja and his mother were carrying on illicit activities in the house therefore, he has caused multiple knife injuries to his mother and Puja and both are lying in the house.

(3.) On the basis of this information, report No. 13/2007 under Section 307 of I.P.C. was registered at Police Outpost and the F.I.R. was registered at Police Station Basoda in crime no. 517/2007. The injured Puja and Prembai were sent for medical treatment. The dying declarations of Puja and Prembai were recorded. Prembai, subsequently succumbed to the injuries. The postmortem of the deceased Prembai was done. Spot map was prepared, the statements of the witnesses were recorded, Memorandum of the appellant was recorded, knife etc were seized. After completing the investigation, the police filed the charge sheet for offence under Section 307 , 302 of I.P.C.