JUDGMENT

Rajeev Kumar Shrivastava, J. - The present appeal has been preferred by appellant challenging the judgment of conviction and sentence dated 30- 11-2011 passed by Second Additional Sessions Judge, Vidisha (MP) in Sessions Trial No.333 of 2010, whereby appellant has been convicted u/S 302 of IPC and sentenced to undergo rigorous life imprisonment with fine of Rs.1,000/-, with default stipulation.

2. Prosecution case, in short, is that complainant Jitendra Kumar (PW1) lodged a report at Police Station Kurwai, District Vidisha on 25-08-2010 at around 23:30 hours stating therein that a previous enmity was going on with co-accused persons Parma, Asharam, Gulab and appellant Suresh in regard to murder of Kanchhedi Lal, father of appellant- accused Suresh and usually, a threat was given to him and his father Jamuna. On the date of alleged incident, appellant accused along with other co-accused persons started assaulting his father Jamuna by means of lathi and axe and an information was given by Makhan Singh (PW2) and thereafter, the complainant along with her mother & other persons, namely, Veer Singh, Makhan and Preetam reached the spot where they saw that all accused persons were assaulting his father Jamuna by means of axe and lathi. On seeing them, all the accused persons fled away from the spot and after the incident, when they rushed towards the field of one Lallu Malli, they saw that near the canal of road side, his father Jamuna was found in unconscious and found dead. Thereafter, Hari, the bother of Lallu Malli and Dinesh reached there and brought Jamuna to the hospital where, after examining, doctor found him dead. On the basis of information of complainant Jitendra, a Merg No. 47 of 2010 was got recorded and the matter was investigated and the statements of the witnesses were recorded by Police and an FIR was got registered vide Crime No.282 of 2010 at Police Station Kurwai, District Vidisha for offence u/S 302 read with Section 34 of IPC.

During investigation, after preparation of seizure memo, memorandum, Panchnama of the dead body of deceased, spot map and postmortem of deceased and after sending all incriminating materials to the FSL Sagar for examination as well as other formalities, the police filed a charge sheet before the Court of JMFC, Kurwai, from where case was committed to the Sessions Court for its trial.

3. The statements of accused were recorded under Section 313 of CrPC, who denied the charges. The appellant accused in his plea stated that he has been falsely implicated in the case due to previous enmity with deceased Jamuna along with other co-accused persons, namely, Gudda and Hari, who had killed father of accused Suresh. The appellant accused abjured his guilt and pleaded his complete innocence. It is further pleaded on behalf of appellant accused that the mother of complainant and Makhan Singh (PW2) came to the house of complainant and pressurized him to compromise the matter. Co-accused Parma and Gulab are neighbours of complainant and co- accused Asharam is the brother-in-law of the complainant. In support of his defence, the appellant-accused has examined Ramswaroop, Bhag Chandra, accused Suresh and Parikshit as DW1, DW2, DW3 & DW4 respectively. Similarly, prosecution in support of its case, has examined as many as nine prosecution witnesses and produced relevant documents i.e. merg intimation, FIR, Safina Forms, Spot Map, Postmortem Report, seizure memo as well as arrest memo and FSL report etc. etc.

4. The learned Trial Judge, after appreciating the entire