GANNULAL MAWASI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Appeal has been filed by the appellant/accused against the judgment dated 16.12.2009 in Session Trial No.81/2008 passed by learned Fifth Additional Sessions Judge (Fast Track) Chhindwara whereby the learned Sessions Judge has found the appellant/accused guilty for the offence punishable under Section 302 of the IPC and convicted and sentenced him to undergo life imprisonment with fine of Rs.500/- with default stipulation.

(2.) Prosecution case in brief is that deceased Sumarlal came to the house of Roshanlal (PW-6) with appellant/accused for the purpose of treatment of the appellant/accused. Deceased told Roshanlal (PW-6) that the appellant/accused is not mentally fit, therefore, they came there for exorcism. On 29.03.2008, deceased Sumarlal and appellant/accused slept after taking meal. At that room Roshanlal (PW-6) and his wife were also sleeping beside them. In the night at about 01:00 am some noise occurred from said room. Thereafter, Roshanlal (PW-6) woke up and he saw that light was on and at that time the appellant/accused was assaulting the deceased Sumarlal with axe, thereafter, he snatched axe from the appellant/accused and found that the Sumarlal has died.

(3.) On the basis of information received from Roshanlal (PW-6), police had registered the marg intimation, vide Ex.P/9 and thereafter, lodged the FIR, vide Ex.P/8. During investigation, the statements of witnesses have been recorded under Section 161 of the Cr.P.C. and appellant/accused was arrested. An axe with blood stains had also been seized from the possession of the appellant/accused. Dead-body of deceased was sent for post mortem and Dr. Sanjay Bhatkar (PW-9) conducted the same and submitted the report, vide Ex.P/11. Seized articles had also been sent for chemical examination to the forensic laboratory, Sagar and that report is annexed as Ex.P/15. After completion of investigation, charge-sheet had been filed against the appellant/accused for an offence punishable under Section 302 of the IPC.