DHAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been filed under Section 374 of the Code of Criminal Procedure,1973 being aggrieved by judgment dated 30.11.2005 passed by the Additional Session Judge, Sironj, District Vidisha, in Sessions Trial No. 205/2004, whereby the appellant has been convicted under Section 302 of IPC and sentenced to life imprisonment alongwith fine of Rs. 1,000/- for the murder of his son Vijay Singh.

(2.) Pertinently the appellant is the father of the deceased.

(3.) Brief facts giving rise to the present case are that on the fateful day i.e. 09.09.2004 at about 11 a.m. the deceased Vijay Singh asked for return of Rs. 4,000/- which the appellant had borrowed from deceased about ten years back. On the appellant refusing to return the money, arguments took place and the appellant, who was wielding an axe, gave a single blow on the head of the deceased which turned out to be fatal. The deceased is said to have died on the spot. Information in regard to the incident was reported to the police by the Chowkidar of the village leading to registration of the FIR on the very same day. After completion of the formalities of investigation, charge-sheet was filed in the Court of competent jurisdiction and charge was framed under Section 302 of IPC against the appellant who abjured guilt and sought trial.