The main legal point established in the judgment is the burden of proof on the accused to establish any exception upon which they rely, and the reliance on credible evidence to establish guilt beyond reasonable doubt.

JUDGMENT

Satyendra Kumar Singh, J. - This jail appeal, under Section 383 of the Code of Criminal Procedure, 1973 (for brevity 'Cr.P.C.'), has been preferred against the judgment dated 30/07/2010, passed by the Court of 4th Additional Sessions Judge (Fast Track Court), Guna (M.P.) in S.T. No.101/2010, whereby the appellant has been convicted under Section 302 of the Indian Penal Code, 1860 (for brevity 'IPC') and sentenced to undergo life imprisonment with fine of Rs.1,000/-, in default to suffer further six months' rigorous imprisonment.

2. The prosecution case in brief is as follows:

(i) The complainant Santosh- Lodha and the appellant- Premnarayan Lodha both are resident of village Bhura Chakk, Police Station Bamori, District Guna. On 23/3/2010 at about 16:00 hours, when complainant alongwith his sisters Dhan Bai & Nathiya Bai, brother Hemraj and sister-in-law Kamar Bai was sitting with his father- Paramsukh Lodha in the veranda (Usor) of his house, the appellant, armed with an axe, came there from the back gate of the complainant's house and assaulted complainant's father- Paramsukh with an axe on his neck, due to which blood started oozing out from the wound and he immediately fell down on the cot. Thereafter, appellant fled away from the spot. After hearing the screams of complainant and his family members, complainant's brother- Laxminarayan Lodha and uncle Imratlal rushed to the spot. They immediately took the complainant's father Paramsukh in a jeep and went towards Guna for his treatment, but on the way he succumbed to the injuries sustained by him.

(ii) On the same day, complainant made an oral complaint to the police, on the basis of which, at about 18:10 hours, Merg Intimation Report, Ex. P/1, and FIR, Ex. P/2, were lodged at Police Station Bamori, District Guna. I/O, SHO S.C. Shrivastava went to the place of incident, prepared the spot map, Ex. P/3, seized the blood soaked soil, Article-B, alongwith plain soil, Article-C, and blood stained Niwar, Article-D, of the cot from the place of incident as per seizure memo, Ex. P/7. He also seized a Gathri (bundle of clothes containing blanket, wheat, salt, chilly, gud), Article-D, and a plastic cane left by the appellant on the spot as per seizure memo, Ex. P/8.

(iii) On the next day i.e. 24/3/2010, he went to the District Hospital Guna, called the witnesses issuing Safina Form, Ex. P/4, and prepared Naksha Panchayatnama, Ex. P/5, of the body of the deceased, and thereafter, sent the same for postmortem examination. On the same day, at about 11.00 hours, Dr. Sitaram Raghuvanshi and Dr. Bhatti conducted the postmortem examination of the body of the deceased and found an oblique muscles deep incised wound over right side of his neck upto middle neck. He prepared postmortem report, Ex. P/22, and opined that the death of the deceased was caused due to syncope as a result of spinal cord cut, found on his neck, within 24 hours from the time of postmortem examination.

(iv) On 04/4/2010, SHO S.C. Shrivastava arrested the appellant vide arrest memo, Ex. P/14, recorded his disclosure statements, Ex. P/15, and on the basis of which, at his instance seized a blood stained axe, Article-A, from his possession as per seizure memo, Ex.P/16. He vide letter dated 06.04.2010, Ex. P/19, sent all the seized articles to FSL, Gwalior. After completion of investigation, obtained the FSL report, Ex. P/18, and filed the charge-sheet before the Court of Judicial Magistrate First Class, Guna, who committed the case to the Court of Sessions Judge, Guna, from where the same was made over to the Court of 4th Additional Sessions Judge, Guna.

3. Learned Trial Court considering the material prima facie available on record, framed the charge under Section 302 of IPC against the appellant, who abjured the guilt and prayed for trial.

4. Learned Trial Court after appreciating oral as well as documentary evidence available on record, convicted the appellant for the offence punishable under Section 302 of IPC and sente