RAMKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant -Ramkumar has preferred the present appeal against the judgment dated 30-01-2009 passed by the Additional Sessions Judge, Mungaoli District Guna in S.T.No.348/2007 whereby he was convicted for the offence under Section 302 of IPC and sentenced to life imprisonment with fine of Rs.2000/- and in default of payment of fine six months additional rigorous imprisonment.

(2.) Precisely stated facts of the case, as per the case of prosecution, for adjudication are that 05-09-2007, the complainant Jagbhan (PW-9) lodged a complaint to the effect that in the morning (on 05-09-2007), his wife namely Smt. Usha Bai (since deceased) told him to sell the wheat for daily need and to settle the outstanding, hence had gone to village at Athaikheda and when he returned home, he found that his house was locked and his son Vicky (PW-10) was crying and stating that Ramkumar (appellant) had killed her mother by axe. Vikcy further stated that appellant Ramkumar told his mother to move Jaipur along with him and when she refused, he killed her through axe. Statements were recorded, case was registered and spot map was prepared. The accused was arrested and axe was seized. Usha Bai died on the same day and post mortem was done, clothes of deceased were seized and Panchnama of dead body was prepared. On chemical examination, human blood was found over axe and statement of witnesses were taken and after investigation, charge-sheet was filed.

(3.) After filing of charge-sheet, case was committed to the Court of Session. The appellant/accused abjured his guilt. The trial was conducted. On behalf of prosecution, 13 witnesses were examined whereas on behalf of defence, none examined. Trial Court after considering the evidence convicted the appellant under Section 302 of IPC for life imprisonment along with fine of Rs.2, 000/- with default stipulation, therefore, this appeal.