RUPLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been filed on 15.06.2009 under section 374 of Cr.P.C. by the appellant Ruplal against the judgment dated 30.03.2009 passed by the First Additional Sessions Judge, Multai, District Betul in Sessions Trial No.193/2007. By the impugned judgment the learned trial court convicted the appellant for the offence under section 302 of IPC and sentenced him to undergo life imprisonment and fine of Rs.1000/-. In default of depositing of fine amount, six months additional rigorous imprisonment also awarded.

(2.) As per prosecution case, it is an admitted position that Lakmi Bai is the wife of accused/appellant Ruplal and the deceased Tenu was the father-in-law of the appellant. Tenu was residing with the accused and his family in a house situated at agricultural field of accused.

(3.) At about 8 to 10 days prior to the date of incident i.e. 18.06.2007 there was no taking term between Lakmi Bai and Ruplal. The accused also quarreled with Lakmi Bai on 18.06.2007. Thereafter he took torch from Tenu and went away from the house. In the night Tenu was sleeping with his grand son Nilesh infront of the house. Accused reached there with axe in the night. At about 11:30 P.M. He attacked upon Tenu by axe. Nilesh also wake up, and seen that the accused assaulted by the help of axe upon Tenu. Thereafter accused also tried to hurt Lakshmi Bai by axe but Nilesh saved her and the accused fled away from the spot. Nilesh informed about the incident to Bhola and Gopal, who are the son of the deceased. They both came and found that Tenu expired. Bilasiya Bai, Goverdhan and Gangaram also reached. Thereafter Bhola informed the police on telephone and Police Multai registered Rojnamcha report (Ex.P/14)