JUDGMENT

Prakash Chandra Gupta, J. - Appellant has filed this appeal under section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 03.08.2011, passed by Sessions Judge Sehore in Sessions Trial No. 26/2011 whereby the appellant has been convicted under section 302 of the Indian Penal Code 1860 (hereinafter referred to as IPC) and sentenced to undergo imprisonment for life and fine of Rs. 500/-, in default rigorous imprisonment for a period of three months.

2. The case of prosecution in brief is that the accused Kashiram is father-in-law and deceased Pooran Singh was father of Suresh (PW-3). On 26.11.2010 at around 10.30 pm accused Kashiram came at police station Ahmedpur, District Sehore and gave intimation to SHO Charan Singh Chauhan (PW-7) that his Samdhi deceased Pooran Singh, resident of village Gopalpura has rendered his son ill by black magic. He asked him many times to cure his son but he was not doing the same, so today i.e. 26.11.2010 at around 10.00 pm by the bank of Parva river near his field he killed the deceased Pooran Singh. About this intimation a Roznamcha Sanha ( Ex.P/14A) and thereafter at 10.35 pm Suchna Panchnama also has been writte