KANCHEDILAL THAKUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 12.03.2008 passed by the XII Additional Session Judge, Fast Track Court, Jabalpur in Session's Trial No. 364/2007 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life with fine of Rs. 1,000/- with default stipulation.

(2.) The prosecution story in brief is that the deceased Brijesh Thakur was the step son of the appellant.

(3.) On 30.4.2007, after taking dinner, all the family members were sleeping in the house. The deceased was sleeping on the floor and on one side appellant and his brother in law (sadu bhai) Shankarlal Pal (PW-10) was sleeping on a bed. On other side, Radha Bai (PW-3) and Akash (PW-12) were sleeping. At around 4:30 am in the morning, they had heard some sound. Thereafter, Manisha Thakur (PW-2), Ramratan (PW-1) and Radhabai (PW-3) had awaken and they had seen the appellant inflicting injuries by axe on the deceased. The appellant also tried to inflict injury on Manisha Thakur. However, other persons catch hold the appellant and saved Manisha. Ramratan (PW-1) lodged the report of the incident vide Exhibit P/1 at Police Station and Merg was registered vide Exhibit P/2.