(1.) Being aggrieved by the judgment of conviction and order of sentence dated 4.2.2008 passed by the Sessions Judge, Sagar in S.T. No.324/07, by which the appellant - accused has been convicted under Section 302 of IPC and sentenced to imprisonment for life and fine of Rs.500/-, in default of payment of fine, further RI for 2 months, the appellant has preferred the present appeal.
(2.) In brief, the prosecution case is that the deceased, Hemraj, aged about 12 years, was residing along with his father Munna (PW-1) and his brother Ramkunwar (PW-2) in village Maangarh and he used to go to Jungle for grazing his goats. On the date of incident, on 11.7.2007 at about 9 AM the deceased had gone to jungle for grazing his goats and Mohan (PW-3) and Bharat (PW-5) had also gone to jungle for grazing their buffalos along with him. At that time, the appellant came to the deceased and threw him on the earth and caused injury on his neck by means of axe, due to which, blood oozed out and he died on the spot. Mohan (PW-3) and Bharat (PW-5) went to the village and informed Ramkunwar (PW-2) brother of the deceased, about the incident. Thereafter, Ramkunwar (PW-2) informed his father Munna (PW-1) and they rushed towards jungle and saw that the deceased was lying dead. Then, Munna (PW-1) reached the Police Chowki Shahpur of Police Station Sanodha and lodged a report which was registered as Ex.P/1 and thereafter, FIR vide Ex.P/16 was recorded at crime no.119/07 under Section 302 of the IPC and the investigation was started. Dead body of the deceased was sent for postmortem examination through letter Ex.P/17 to the District Hospital, Sagar where Dr. M. K. Pal (PW-9) conducted autopsy on the body of the deceased. He opined that nature of the death was homicidal. Spot map Ex.P/7 was prepared by Ajay (PW11) In-charge Police Station Sanodha from where simple soil and blood soil were seized. During investigation, the appellant was arrested vide Ex.P/19 and on his instance, weapon used in the commission of offence i.e. axe was recovered vide Ex.P/10 on 15.7.2007 and all the seized articles were sent to FSL. As per the FSL report vide Ex.P/21, on the seized axe presence of human blood was found. After investigation was over, a charge sheet was filed against the appellant before the court of JMFC, Sagar under Section 302 of the IPC, who on its turn committed the case for the Court of Session for trial.
(3.) The learned trial Court framed charge for the offence under Section 302 of the IPC against the appellant / accused. The appellant / accused abjured his guilt and stated that he was innocent and claimed for trial but in defence no witness has been adduced. Learned trial Court after trial of the case and on the basis of the evidence and material came on record, convicted the appellant for the commission of offence under Section 302 of the IPC and sentenced as mentioned earlier.