KISHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal challenging the judgment dated 08.04.2010 passed by the Third Additional Sessions Judge, Jabalpur in Sessions Trial No.575/2009, whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced for life imprisonment and fine of Rs. 500/- with default stipulation.

(2.) Admitted facts of the case are that appellant is the son of the deceased. Keta Bai (PW-4) is the mother of the appellant and the wife of the deceased. Munna Singh (PW-1) is the brother of the appellant and Barati Singh (PW-2) is the uncle of the appellant.

(3.) In brief, the prosecution story is that on 14.09.2009, deceased Kishori Singh alongwith his wife Keta Bai was sleeping in their courtyard and other family members were also sleeping in their rooms. At about 9:00 pm, appellant-accused came there and said that he will kill his father (deceased) as he used to level false allegation of doing witchcraft against him and started beating his father by fists and kicks. Hearing cry of the deceased, Keta Bai (PW-4), Munna Singh S/o Kishori Singh (PW-1) and Munna Singh S/o Premlal (PW-8) tried to intervene but the accused kept on beating his father saying that he would kill him and inflicted mattock (gainti) blow on the deceased, as a result of which blood started oozing. It is further alleged that when the persons present at the spot asked him why he killed his father, he replied that his father used to harass him. Munna Singh S/o Premlal (PW-8) gave intimation to Police Station Kundam. Rojnamchasanha No.421(Ex.P/1) was recorded by Rajkumar Thakur (PW-9). Police went to the spot and found Kishori Singh lying injured. They took the injured to Kundam Hospital, where he died at about 3:30 am. FIR has been lodged accordingly for offence punishabnle under Section 302 of IPC against the appellant. After due investigation, charge-sheet was filed under Section 302 of IPC against the appellant before the concerned Court.