PW2 stated that while he was at the shop, the appellant came at about 9.00 p.m. and asked for a torch light which was given to him by the witness.
The witness had seen the appellant in the fields with an axe.
The postmortem companyducted by PW3 Dr. S.M. Vaidya companyfirmed death due to cardiorespiratory failure caused by obligenic and neurogenic shock due to multiple, deep incised wounds over the scalp, face and neck.
The police report was lodged next morning by PW2 Ratanchand, another son of the deceased.
There is numbereye witness to the occurrence and the companyviction is based on circumstantial evidence.
Nonetheless his admission, elicited during crossexamination, being admissible in evidence, testified the presence of the appellant proximate in time to the incident.
On information furnished by the appellant, his blood stained clothes, companyfirmed in the FSL report Exhibit 41, were recovered from the Someshwar Milk Dairy belonging to his friend PW6 Mahadeo Pailwan.
The appellant was absconding.
The appellant was also seen going towards the fields that night and did number return home.
The police report was lodged by PW2 the next morning.
He was ultimately arrested on 17.03.2004.
The deceased had gone to the agricultural fields in the night and did number return till next morning.
The appellant was stated to be a wayward, addicted to alcohol, and nursed a grudge against his father with regard Signature Not Verified Digitally signed by NARENDRA PRASAD Date 2018.10.01 165933 IST Reason to his claim to a share in the lands of the deceased.
PW8, who owned the adjacent agricultural field, was declared hostile.
NAVIN SINHA, J. The appellant has been companyvicted under Section 302, P.C. and sentenced to life imprisonment on the charge of killing his own father.
The occurrence is stated to have taken place in the night of 01.12.2003.
