KHILAWAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) APPELLANT /accused Khilawan Singh has preferred this appeal through Superintendent, District Jail, Bilaspur being aggrieved by the judgment dated 11 -12-1996 passed by the learned Second Additional Sessions Judge, Bilaspur in Sessions Case No. 428 of 1996 (State of Madhya Pradesh Vs. Khilawan Singh) convicting the appellant for the offence under Section 302 of IPC and sentencing him to undergo imprisonment for life.

(2.) BRIEFLY stated the facts of the prosecution case are as follows : On 30-7-1996 at about 11.30 in the night one Shri Ajitram Nayak appeared in Seepat Police Station, district Bilaspur and reported that on that day at about 8 to 9 in the night in village Hardadeeh accused Khilawan Singh was carrying an iron Tangia in his hand and was going towards the house of Sahodara Bai, he was saying that Sahodara Bai was a witch and she was practising watch-craft and therefore he would not leave her alive. Nar Singh, father of the appellant/accused tried to intervene but appellant Khilawan Singh started quarrelling with him. Thereafter, Nar Singh ran away. Appellant Khilawan Singh started banging the door of the house of Sahodara Bai with Tangia. At that point of time Laxamin Bai (Phoophoo) sister of the father of the appellant came and tried to advise him asking him not to quarrel with Sahodara Bai. Appellant Khilawan Singh became furious and started assaulting Laxamin Bai with Tangia on her chest, neck and head. After receiving the injuries Laxamin Bai fell down and succumbed to the injuries sustained by her on the spot itself.

(3.) THE learned Sessions Judge registered the case as Sessions Trial No.428 of 1996 and after going through the records found that prima facie case for framing the charge under Section 302 of IPC had been made out against the accused and accordingly he framed the charge under Section 302 of IPC against the appellant/accused and read over the same to the a reused.