RAMSA Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 8.12.2006 passed by learned Sessions Judge, Betul m Sessions Trial No.34/2006 convicting the appellant under Section 302 IPC and sentencing him to suffer life imprisonment, this appeal has been preferred under Section 374(2) Cr.P.C. of 1973.

(2.) In brief the case of prosecution is that on 18.8.2005 which was the festival day of Raksha Bandhan, Balaram was in his house. In the evening Bhoori Bai (hereinafter referred to as 'the deceased1) who is the wife of Balaram was also sitting nearby him. At that juineture, Sunderlal came and hurled the abuses. He was accompanied by his son Ramsa (appellant), Pintu and Ramdas. It is said that Ramsa was carrying an axe and all of them assaulted the deceased as a result of which she fell down in the courtyard. On hearing hue and cry Motiram who is the son of Balaram and the deceased came there and on seeing Motiram all the accused persons fled from the place of occurrence. Motkara noticed that a stick was lying nearby the dead body of the deceased and she sustained injuries on her head, abdomen and back. Thereafter, Kesho also arrived at the spot and saw the dead body of the deceased lying in the courtyard.

(3.) A telephonic information was given to Station Officer Incharge of the concerned Police Station on 18.8.2005 in regard to the commission of the offence as a result of which Station Officer Incharge Madan Singh Choudhary proceeded to the village. After arrival in the village, the investigating agency seized the dead body and prepared its Panchanama; sent it for postmortem; seized ordinary and blood stained earth from the place of occurrence; seized a broken lathi from the place of occurrence; recorded the statement of the witnesses; and arrested the accused persons.