- (1.)THE appellant was tried for murder of Pramila w/o Devilal Meshram (P. W. 13) under section 302 of the Indian Penal Code, as also, for attempt to murder said Devilal Meshram (P. W. 13) under section 307 of the Indian Penal Code. Prosecution, in all, examined 15 witnesses in support of the charges. The trial Court accepted the evidence of Pushpa Devilal Meshram (P. W. 7), who is daughter of Devilal (P. W. 13), as also, the evidence of Devilal himself and held the appellant guilty for murder under section 302 of the Indian Penal Code, for which the appellant was sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/- I/d. to suffer R. I. for six months. The appellant was also found guilty of attempt to murder Devidas (P. W. 13) for which he was sentenced to suffer R. I. for three years and to pay a fine of Rs. 1,000/- I/d. to undergo R/i. for three months. The appellant challenges his conviction and sentence in this appeal.
(2.)THE prosecution case, in brief, is that there was a dispute relating to fencing which has, in fact, been admitted by the appellant in his statement under section 313 of the Cri. P. C. On 3-5-1996, at about 10. 00 a. m. , Devilal (P. W. 13) took bath and had his lunch and was to go back to his place of work. At that time, his wife and daughter Pushpa were inside the house. But, when he came out of the house, he saw the appellant armed with a dagger and a knife and the appellant told him that it was the last day of his life and that of his wife and that he shall murder both of them. In the meantime, Pramila came out of the house and she was accompanied by her daughter Pushpa. The appellant abused him and his wife and the appellant told his wife that she should not speak more or else he shall stab her. The appellant dealt blows of dagger on her right wrist and under the left arm pit, due to which wife of Devilal fell unconscious. Thereafter, the appellant dealt a blow of dagger on his chest just below the arm pit and after that, he went to his-in-laws place to tell about the occurrence. The appellant chased him to the house of his mother-in-law. The accused was still insisting upon stabbing him. The matter was reported to police. After investigation, the charge-sheet was filed.
(3.)THE theory which was put in the cross-examination of Devilal (P. W. 13) is that, there was a scuffle between Devilal (P. W. 13) and the appellant and in the process, due to intervention, Pramila received injuries and that Devilal (P. W. 13) also received injuries in the said scuffle. There is, however, no whisper in the statement of accused under section 313 of the Code of Criminal Procedure about the scuffle theory.