RAMNATH PAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant/accused has filed this appeal challenging the judgment dated 29.12.2008, passed by the Sessions Judge, Shahdol, in Session Trial No. 256/2007, whereby the appellant has been convicted for offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs. 500/- with default stipulation and under Section 324 of IPC and sentenced to undergo RI for one year.

(2.) Prosecution story in nutshell is that, appellant Ramnath and deceased Ramune Bai were residing in the same house at Village Jaldi Tola, District Anuppur. Both were close relatives. On 24.08.2007 at about 5:00 pm, the appellant, all of a sudden came to the house armed with tangi (axe) in his hand and attacked on the head of Ramune Bai. She died on the spot. Lalita (PW-3) witnessed the incident. She shouted. On hearing her cry, Mayawati (PW-5) came there and saw the appellant running over the bari (fence). Appellant straightaway went to his brother Kamta (PW-2) who was grazing buffallow. Appellant assaulted him with the same tangi (axe). Kamta and other persons snatched tangi (axe) from the appellant. They brought the appellant to home and tied him with a rope till the arrival of police. Jagdish (PW-1) / elder brother of the appellant lodged FIR at police station, Anuppur. After investigation, charge-sheet was filed against the appellant for offence under Section 302 of IPC.

(3.) The trial Court framed charges under Sections 302 and 324 of IPC against the appellant. Appellant abjured guilt and asserted his ignorance about the incident and put forward insanity as his defence