SITARAM S/O MANGILAL Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
Sitaram S/O Mangilal
STATE OF MADHYA PRADESH
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Vivek Rusia, J. -
(1.) The appellant has filed the present appeal against the judgment dated 25.03.2008 passed by the Sessions Judge, Dhar in Sessions Trial No.180/2007 by which he has been convicted under Section 302 of IPC on 2 counts and sentenced to undergo life imprisonment with fine of Rs.100-100, in default of payment of fine 15-15 days' RI respectively.
(2.) As per the prosecution story, on 31.05.2007 near about 6.00 am in the morning Punibai - mother of accused was cleaning the utensils and his father Mangilal was sleeping on bed. The accused demanded some money from Punibai, when she refused, then the accused took out a Sword from the house and inserted in the chest of Punibai. Thereafter he has cut the throat of Mangilal. The entire incident was witnessed by his sister Chhotibai (PW-4) aged about 9 years. She immediately came out from the house and called his brother Ditiya (PW-5) and narrated the story. When Ditiya came to the house, by that time his father and mother both have died.
(3.) Galsingh (PW-2_ of Village Balipur gave information of aforesaid incident to Juwansingh (PW-1) Sarpanch of Village Lunhera who in turn telephonically informed the police station. B.K.Chhari, Station House Officer, Police Station Dharampuri, District Dhar (PW-10) rushed to Village Balipur and lodged the Dehati Nalisi (Ex.P/4). Thereafter spot map (Ex.P/8) was prepared. The dead body of Punibai and Mangilal were recovered vide Exs.P/1 and P/9 respectively. The blood stained soil was seized vide seizure memos Exs.P/2 and P/3. The dead body of both the deceased were sent for postmortem. The accused was arrested on 31.05.2007 along with Sword which was seized vide seizure memo Ex.P/9 and the T-shirt of the accused was seized vide Ex.P/12.;
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