MOHAN Vs. STATE

JUDGEMENT

(1.) The accused Mohan has preferred this Jail appeal under Section 383 Cr.P.C. against the judgment dated 10.1.2006 passed by the Additional District & Sessions Judge (Fast Track), Dungarpur in Sessions Case No.79/2004 (75/2004) by which he was convicted for offence under Section 302 I.P.C. and was sentenced to undergo life imprisonment with a fine of Rs.100/- and in default thereof to further undergo 15 days simple imprisonment.

(2.) Briefly stated the facts of the case are that on 4.7.2004 at about 11.30 A.M. an oral report was lodged by Dhuleshwar son of the deceased, wherein he stated that his father was sleeping on a cot in the chowk and nearby his nephew Ramlal, niece Geeta and mother Ratni Bai were also sleeping. His elder brother Mohan was also sleeping in the Dhaliya. During the night at about 1.00 A.M. his brother Mohan by taking a spade struck on the head of his father and belaboured him. After hearing the noise, they all woke up and saw Mohan was beating his father. From the spot, Mohan fled away. They took his father to the hospital, where he died. On this information, a case under Section 302 I.P.C. Was registered and after investigation, police submitted challan against the accused.

(3.) The accused Mohan denied the charge of murder of his father and pleaded for trial. The prosecution examined as many as 14 witnesses and exhibited documents Ex.P1 to Ex.P9 in support of the charge levelled against the accused. The accused in his statement recorded under Section 313 Cr.P.C. admitted the correctness of the averments of the witnesses deposed against him No defence was led. The learned Additional Sessions Judge after hearing the parties and going through the oral as well as the documentary evidence convicted the accused under Section 302 I.P.C. and sentenced him as above.