JUDGEMENT
J.P.Gupta, J -
(1.)This appeal has been filed assailing the judgment dated 16/10/2006 passed by the 2nd Additional Sessions Judge, Khandwa, in Sessions Trial No.103/2006 whereby the appellant has been convicted under section 302 of IPC for committing murder of Lakhan and sentenced him to undergo R.I. for life imprisonment as mentioned in the impugned judgment.
(2.)It is undisputed in the case that Pintu (PW-5) is son of the deceased, Sulochna Bai (PW-4) is wife of the deceased and Ranju Bai (PW-1) and Manda (PW-6) are daughters of the deceased and house of the deceased and the appellant are situated in the same vicinity.
(3.)In brief, the facts of the case emerge from the findings of the learned trial court and evidence on record are that one day before the incident altercation were taken place between the deceased and the appellant on account of throwing of live electric wire towards the house of Lakhan. On 21/03/2016 near about 6.30 PM Lakhan went towards the betel shop and his son Pintu (PW-5) was coming towards his house, he saw that the appellant was beating his father Lakhan with the stick. Then Pintu (PW-5) got frightened came to his house and informed to his mother and sisters, then he along with his mother Sulochan Bai (PW-4) and his sisters Ranju Bai (PW-1) and Manda (PW-6) went towards the place of the incident and they found Lakhan lying in the front of the house of the appellant. He was injured and dead. Then Sulochan Bai (PW-4) called for Shivlal (PW-7) and Rameshchand (PW-8). They came on the spot and Sulochan Bai (PW-4) informed that Pintu (PW-5) had narrated that appellant assaulted the deceased with the stick and caused his death. Thereafter Rameshchand (PW-8) telephonically informed to the police station Piplod. Thereafter police party reached on the spot near about 11 PM where Dehati Nalish (Ex.P-5) and Marg Intimation (Ex.P-7) was recorded on the basis of information given by Sulochan Bai (PW-4) and thereafter FIR (Ex.P-13) was registered at Police station Piplod, Tehsil Khandwa as Crime No.80/2006 under sections 302 of the IPC. During the investigation the dead body of the deceased was examined by Dr. Anil Kumar (PW-2) and after completing the other formalities of the investigation, the charge sheet for commission of offence punishable under section 302 of IPC against the appellant was filed before the Chief Judicial Magistrate Khandwa, who in turn committed the case to the court of Session Khandwa from where it was received on transfer by the 3rd Additional Session Judge (Fast Track Court) Khandwa who conducted the trial.
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