MANISH @ BANTU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been filed under section 374 of the Code of Criminal Procedure, 1973 being aggrieved by judgment dated 29/07/2005 passed in Sessions Trial No. 69/2005 by the learned Sessions Judge, Dhar Distt. Dhar convicting the appellant for offence under Section 302 of the Indian Penal Code, 1860 and has been sentenced to under go Life Imprisonment.

(2.) The facts of the case reveal that the appellant Manish is the son of the deceased and on 01/01/2005 at about 08:30 AM, the informant Vinod Indurkar resident of Village Nalchha, when he was performing puja at his house, heard screams and loud noise coming from the house of Gokul Prasad. He went to the house of Gokul Prasad and the main entrance was closed. The informant than peeped inside the house and saw the appellant Manish @ Bantu S/o Gokul Prasad assaulting his father with an axe.

(3.) The incident was also witnessed by Sunderlal and Parmanand. Witness Santosh Anandrao was told by other persons to jump the wall of the house and to enter the house and witness Anandrao entered the house and at that point time the accused Manish throw the axe and ran away. The injured Gokul Prasad succumbed to the injuries at the spot and another neighbor namely Vinod Kumar went to the police station Nalchha and lodged a First Information Report. A spot map was prepared and a dead body Panchnama was also prepared in front of witnesses and the body of Gokul Prasad was sent for postmortem to the Primary Health Centre Nalchha.