DEENDAYAL Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 26-2- 2009 passed by 2nd Additional Sessions Judge (Fast Track Court), Ganjbasoda, District Vidisha in Sessions Trial No. 224 of 2007, by which the appellant has been convicted under Section 302 of I.P.C. and has been sentenced to undergo the Life Imprisonment and fine of Rs.2000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that on 12-7-2007 at about 11 A.M., the appellant caused death of his mother Smt. Tulsabai by assaulting her by stick and pelting stone.

(3.) The prosecution story in short is that the appellant lodged a F.I.R. against three persons, on the allegations, that at about 11 A.M., he was going to Pipariya along with Jamna and Rambabu. When they reached near a nala, three persons, namely Netram, Ram Singh and Hukma attacked them by lathi as a result of which he sustained injuries on various parts of his body. The appellant thereafter came back to his house and closed the doors, however, his mother was attacked by those three persons. Because of non-availability of any conveyance, it was alleged that he alone has come to the police station and could not bring his mother with him. On this information, the police registered the crime no. 595/2007 for offence under Sections 294,323,352/34 of I.P.C. On the next day, i.e., at about 9:45 A.M., one Madan Gopal lodged a Dehati Nalishi that yesterday, at about 7 P.M., he had lifted the deceased Tulsabai, mother of the appellant, and put her inside the house. She had injuries on her head and face. She was alive till 10 P.M. Thereafter, the informant went back to his house. In the morning, when he went to see the injured, then he found that She has already expired. The police started investigation, and during investigation, it was found that in fact, it was the appellant himself, who had assaulted his mother resulting in her death. Accordingly, the appellant was arrested, the statements of the witnesses were recorded, and after completing the formalities, the police filed the charge Sheet for offence under Section 302 of I.P.C. against the appellant.