JHAUWA ALIAS JHAUWALAL Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has been convicted under section 302 Indian Penal Code for committing murder of his father Ratan Shah and has been sentenced to imprisonment for life.

(2.) Prosecution case was that deceased Ratan Shah was sleeping in his farm on the night of 29th December, 1982. In the morning at about 6 a.m., the appellant went to the farm and dropped a heavy stone on the head of his father resulting in his death. The same day, appellant himself lodged the report of his fatherTs homicidal death at police station Amarwara at about 12 noon. Investigating Officer reached the spot, prepared inquest memo and sent the body for post-mortem examination. Dr. J. P. Patel (P.W. 14) noted one contusion 12 cm. x 6 cm. over the left side of the head on temporal, parietal and frontal region. Second was contusion 7 cm. x 6 cm. on left side of the fore-head, just above the eye- brow and the third was a contusion 10 cm x 5 cm. over the tempo-parietal region of right side of the head. On dissection, he found depressed fracture of left temporal and adjoining part of parietal bone, fracture of hygrometric process with fissured fracture of temporal bone of the right side.

(3.) A stone was seized from the place where the dead body was lying. But it was not sent for chemical examination and, therefore, there was no finding whether the stone was stained with blood or not.