P.K.LOHRA,J. - (1.) This jail appeal under Section 383 Cr.P.C. is preferred by the accused-appellant to assail the impugned judgment dated 27.08.2008 passed by the learned Additional Sessions Judge No. 1 Bhilwara camp Gangapur (for short 'the learned Trial Court') convicting him for offence under Section 302 IPC.
(2.) The learned Trial Court by the impugned judgment handed down sentence of life term imprisonment to the accused-appellant with a fine of L 1000/- and in case of default in payment of fine, for undergoing sentence of one month simple imprisonment.
(3.) The facts apposite for the purpose of this appeal are that complainant Shabeer Mohd. submitted a written report on 04.08.2006 before Police Station, Raipur alleging therein that today at 1:00 p.m. when his father Afzal Mohd. alias Abbu Ustad proceeded from the house for observing prayer (Namaj) towards Masjid and reached near house of Ganpatlal Dangi on the main road, he was intercepted by the accused-appellant. It is stated in the FIR that accused appellant was carrying a scissor in one hand and knife in the other and attacked his father Afzal Mohd. by stabbing in his stomach and neck with those weapons. In all 7-8 stab wounds were caused and due to grievous injury on the abdomen of his father, his intestine were exposed and on account of serious injuries, Afzal Mohd. succumbed to death on the spot. On the written complaint (Ex.P/1) of Sabeer Mohd. case No. 60/2006 under Section 302 IPC was registered culminating into FIR (Ex.P/23). Investigation was conducted by the police promptly and the accused-appellant was arrested.;