CHAKODI PRASAD SAKET Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Chakodi Prasad Saket, the sole accused in this case has been convicted under section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life by the impugned judgment dated 28.2.1995 passed in Sessions Trial No. 168/1993 by the Additional Sessions Judge, Rewa.

(2.) EVEN according to the prosecution case, deceased Shyama Bai was happily married to the appellant. They had two minor daughters. On 21.5.1993 both appellant and deceased had gone to the parental house of deceased on an invitation to attend the marriage of her younger sister. On the next date after the ' 'Bidai" (Departure) ceremony appellant asked the deceased to return with him but she said that she would do so after 2-3 days as there were some more guests in the house. To avoid any quarrel in front of guests, deceased went inside a room and the appellant also followed her and chained the door of that room from inside. Rajkumari (PW 6) on hearing some noise from that room, shouted which attracted the attention of guests and they rushed towards that room. An attempt was made to break open the door of the room but in vain. Consequently, some persons broke the window of another room and then Premlal (PW 4) and Samailal (PW 5) entered the room. Both of them saw the deceased lying injured on the floor. At that time, they also saw the appellant hitting himself 3-4 times with a broken piece of pestle. Appellant then became unconscious. Thereafter the appellant and the deceased were brought out from that room. Deceased died on way to the hospital in a rickshaw. The appellant too was admitted in the hospital. Dr. B.K. Tiwari (PW 14) examined him and found a lacerated wound over the middle of his scalp with irregular bleeding margins. His injury report is, Ex. P-14. The First Information Report, Ex. P-5, of the incident was lodged by the brother of deceased Premlal (PW 4) on the date of incident itself at police station City Kotwali, Rewa. According to the post mortem report, Ex. P-8, prepared by Dr. V.K. Sharma (PW 11), cause of death of the deceased was shock due to head injury.

(3.) THE learned counsel for the appellant has argued that the conviction of the appellant cannot be sustained as none of the witnesses has claimed to have actually seen him assaulting the deceased by the pestle. He also argued that on the facts and circumstances of the case, the conviction of the appellant under section 302 of the Indian Penal Code is bad and at the most he could be made liable of an offence under section 304 of the Indian Penal Code. Mother of the deceased Rambai (PW 8) has deposed that the appellant and deceased had come to her house to attend the marriage of her younger daughter and that after the "Bidai" (Departure) ceremony, the appellant asked the deceased to return with him but she wanted to stay back for 2-3 days more. She has testified that while she was seeing off the bride outside in a rickshaw, she heard a shout of her relative from inside. According to her evidence, the appellant and the deceased were in a room and the door of that room was chained from inside. She has further deposed that Premlal (PW 4) and Samilal (PW 5) could enter that room after breaking the window of another room. Rajkumari (PW 6) has deposed that on hearing some noise coming from that room, she had shouted. She has corroborated the evidence of Rambai (PW 8) that as the door of the room was chained from inside, Premlal (PW 4) and Samailal (PW 5) could enter that room after breaking the window of another room. She has testified that when she saw the appellant in the room he was unconscious. Premlal (PW 4) and Samailal (PW 5) has fully corroborated the evidence of Rambai (PW 8) and Rajkumari (PW 6). The have deposed that when they entered the room they saw the appellant hitting himself 3-4 times with a broken piece of pestle and then he became unconscious. They have testified that the deceased was lying injured on the floor of the room and the door of that room was chained from inside.