RAMLAL YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused has preferred this appeal under Section 374(2) of the Cr.P.C. being aggrieved by the judgment dated 31.12.2008 passed by Second Additional and Sessions Judge, Satna in Sessions Trial No.62/2008, whereby he has been convicted for offences punishable under Sections 302, 201 and 194 of the IPC and sentenced imprisonment for life with fine of Rs.200/-, R.I. for three years and R.I. for ten years respectively with default stipulations.

(2.) It is not in dispute that deceased Prem Singh aged about 5 years was the son of appellant Ramlal. He was handicap and died due to burn injuries on 03.11.2007 at about 10:00-11:00 am at field of Gadouha Har, Village Bandi, Police Station Singhpur.

(3.) Brief facts of the prosecution case is that there was a land dispute between appellant and Vishwanath (P/11). On 03.11.2007 at about 12:45 am, the appellant lodged FIR, Ex. P/19 at Police Station, Singhpur with reference to death of his handicap son Prem Singh. He alleged that, Vishwanath (PW/11) put fire in Bari (fence) and Millu Kol, Sukman and Munnilal were assisting him. Therefore, the appellant with his wife Rajibai and handicap son Prem Singh (deceased) went to the spot and they objected to burn the said Bari (fence). Suddenly, Ramesh Kol threatened to ablaze them. Hence, wife of the appellant ran away leaving the deceased Prem Singh on the spot. She saw Ramesh Kol put his son Prem Singh in the burnt Bari (fence). Prem Singh died on the spot due to burn injuries. On the report of the appellant, merg intimation was registered by Inspector V.P. Mishra (P/16 ) at Police Station, Singhpur. During the investigation, police found that the appellant himself committed murder of his handicap son. He falsely implicated Vishwanath with the crime. Therefore, appellant was arrested on 06.11.2007. After recording of his memorandum, charge sheet has been filed before the concerned Court.