BABULAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 20.11.2006 passed by the learned 2nd Additional Sessions Judge, Fast Track Court, Jaora, District Ratlam (MP) in Sessions Trial No.102/2006, convicting the appellant under Sections 302 and 449 of Indian Penal Code , 1860 and thereby passing sentence to suffer life imprisonment with fine of Rs.250/- and ten years rigorous imprisonment with fine of Rs.250/- respectively and in default, further rigorous imprisonment of one month, the appellant has assailed the impugned judgment by filing this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) As per prosecution story, on 12.09.2005 at about 07.00 PM, when complainant Sukhibai (PW-8) and her hus- band Ramchandra along with their grandson Sanjay (PW- 10) were at their house situated at Village Chikalana, Tahsil Piploda, District Ratlam (MP), at that relevant point of time, the present appellant (Babulal s/o Bherulal), [who is son-inlaw of Sukhibai (PW-8) & Ramchandra (deceased) and husband of Gangabai (PW-9)], armed with knife forcefully entered into the house of complainant by breaking the door and started shouting, alleging that his wife Gangabai is absconding and she is selling his Well and House, and therefore, he will kill his father-in-law Ramchandra and inflicted stab injuries to him. Due to the aforesaid injuries, he fell down and thereafter, he took Lathi (Bomboo Stick) inflicted injuries to him on his head, jaw and neck. Due to the aforesaid injuries, Ramchandra succumbed to death.

(3.) Badrilal (PW-1), who is residing in the village, immediately informed Head Constable Avval Singh (PW-11) on telephone. Daily Diary (Roznamcha-sanha No.390) was registered vide Ex.P/2. Thereafter, Station House Officer, Police Station Kalukheda K.P. David (PW-13) reached at the village and recorded report lodged by complainant Sukhibai (PW-8). Ex.P/10 Dehati Nalishi report registered by K.P. David (PW-13) on the basis of intimation given by Sukhibai (PW-8). Thereafter, the Police investigated the matter, recorded the statement of the witnesses, prepared site map Ex.P/5, inquest was prepared, seized soil and blood stained soil and bamboo stick from the spot vide Ex.P/4, seized knife used in the incident upon pointing out of the appellant vide Ex.P/3. The deceased Ramchandra was sent to Civil Hospital, Jaora vide Ex.P/16. Postmortem was performed by Dr. M.K. Yadav (PW-12). Ex.P/14 is the Postmortem report.