RAM KISHAN @ KISHANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal being aggrieved by the judgment dated 19.11.2009 passed by First Additional Sessions Judge to the Court of Fifth Additional Session Judge (Fast Track Court), District Chhindwara in Session Trial No. 245/2008 whereby the appellant was convicted under Section 302 of IPC and sentenced to undergo life imprisonment and fine of Rs. 1000/- with default stipulations.

(2.) It is not in dispute that the appellant and the deceased Ram Bhau both are real brothers. Ojhe Bai (PW-6) is their mother. It is also not in dispute that the appellant and the deceased along with their mother and other family members resided together at the same house. The incident took place in the same premises.

(3.) In brief the prosecution case is that, the appellant had some property dispute with deceased Ram Bhau. In the night of 18th July, 2008, the deceased was sleeping outside the house. At about 3:00 am, the appellant came there and inflicted blows of an axe on the neck of the deceased. Their mother Ojhe Bai heard the noise of Ram Bhau. She went near his son and witnessed the incident. She saw that the appellant was present there. When she raised objection, the appellant chased her and tried to assault her. Thereafter, Ojhe Bai informed the incident to the Gram Kotwar. Prakash (PW-1) Gram Kotwar along with other villagers came there and saw the body of the deceased. Appellant was also present there. They caught hold of the appellant and when police reached the spot, they handed over him to the police. FIR has been registered against the appellant and under Section 302 of IPC at Police Station Mohgaon, Chhindwara. On the information received from the appellant, police seized a blood stained axe from the spot. Human blood was present on the axe and also on the clothes of the appellant. After due investigation chargesheet was filed against the appellant under Section 302 of IPC and the case was committed to the concerned Court.