JUDGMENT

Singh, J. -- 1. At the very outset, learned counsel for the appellant prays for withdrawal of the application i.e. I.A. NO.8604/2025 which is an application for suspension of jail sentence, looking to the custody period and allegations against the appellant and prays for hearing of this appeal finally.

2. Prayer is allowed and the application is dismissed as withdrawn and the appeal is heard finally.

3. This criminal appeal is preferred under section 374 of Cr.P.C. by the appellant being aggrieved by the judgment of conviction and sentence dated 8.12.2022, passed by learned Second Additional Sessions Judge, Bagli, District Dewas in Special Criminal Case No. 84/2019, whereby the appellant has been convicted for the offence punishable under section 302 of IPC, 1860 sentenced to undergo Life imprisonment and Rs.1000/- and usual default stipulations.

4. As per prosecution story, the son of the deceased and the appellant namely Karan Singh/complainant made a compliant/Merg Intimation at Police Chouki Kamlapur on 25.5.2019 by submitting that on 24.5.2019 at about 08:00PM, his parents were at home. His father/the appellant was demanding money from his mother. When her mother refused to pay amount to appellant, the appellant assaulted his wife with kicks and fists. When he tried to intervene, the appellant has taken mother of complainant in front of house and assaulted her there. In this way, one Bhoonsingh has also tried to intervene, the appellant thrown a brick on him, due to which, Bhoonsingh fled away. Thereafter, the appellant locked the complainant/son inside the room. At about 04:00AM in the morning, Mousi of Karan came there, she opened the door then Karan came out then they both seen that his mother was lying dead on the floor of Osari of home. She was having injury on her head. His father has committed her murder in the night. Based on the said complaint, the police registered Merg No.27/2019 and later on registered the crime.

5. The police after following the due procedure of law, reached the spot, prepared the spot map; collected the blood stained and normal soil, blood stained cloths; recorded the statements of the witnesses; arrested the accused person and on his instance seized the articles used in the crime. After due investigation, charge sheet was filed.

6. After filing of the charge-sheet, the matter was committed before the learned Sessions Court by the trial Court. Thereafter, vide order dated 14.11.2019, charges were framed under section 342 and 302 of IPC.

7. The prosecution on its behalf has examined as many as 09 witnesses namely Karan (PW-1), Bhoon Singh (PW-2), Anubai (PW-3), Bhaav Singh (PW-4), Lokesh Singh (PW-5), Shravan (PW-6), Sharda (PW-7), Dr. Rizwaan Qureshi (PW-8) & Ku. Avinash Patel (PW-9). No witness has been adduced in defence by the appellant.

8. Learned trial Court, on appreciation of the evidence and argument adduced by the parties, pronounced the impugned judgment on 8.12.2022 and finally concluded the case and convicted and sentenced the appellant for commission of the said offence as mentioned in para -1 as above.

9. Learned counsel for the appellant submits that the learned trial Court has committed grave error of law in not considering the evidence available on record on its right perspective. It is further submitted that the learned trial Court has not considered that material omissions and contradictions in the statements of the witnesses and convicted the appellant wrongly. It is also submitted that there is no eye-witness in the case so that the case of the prosecution may be found proved. Learned counsel for the appellant further submitted that the statements of the son of appellant and deceased is only with regard to fight between his parents, but he has not made any specific allegations against the appellant. It is submitted that all other eye-witnesses have turned hostile and have not supported the case of the prosecution. Counsel for the appellant submits that the post mo