MANSUKH GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 15-11-1994 of the learned 2nd Additional Sessions Judge, Jabalpur in Sessions Trial No. 519/1994, by which the appellants have been convicted under Section 302 read with Section 34 of the IPC, and each has been sentenced thereunder to Imprisonment for Life and fine of Rs. 100/-, and on failure to deposit fine, further imprisonment of 2 months for having voluntarily caused the death of Bal Singh on the night of 4-1-94, at about 9. 30 PM, in Village Daddar Gavan, Barhatola, by first strangulating him and then burning his body.

(2.) THE current case is also an instance of faith of the illiterate rustics in the witch-craft. It is stated by the prosecution that on account of the demise of two sons of accused Mansukh and indisposition of his father which he attributed to the witch- craft that the deceased practiced, the accused persons with a view to cause his death, first strangulated him and thereafter set him afire. The deceased and his brother Ballu Singh had stored their crop in the barn and they used to go to the field at night to keep watch on their separate holdings, of the crop. Ballu Singh had come to the house from the field a day prior to the incident while deceased Bal Singh remained there to keep a watch on the crop. P. W. 7 Ballu Singh went to the field to give food to his brother (deceased) at about 7. 30 and witnessed that the accused were burning his body and they were putting logs of wood while deceased was lying on the ground and some cinders were lying around. He inquired from accused Mansukh as to why they were doing so, but accused Mansukh said that he would also be thrown into the fire. Ballu Singh rushed to the village and informed Vishram Gond, Danpat Master and other persons from the village, who rushed to the place of the incident and noticed that the fuel wood and the dried grass put on the body of the deceased was aflame, and Bal Singh had died. P. W. 7 Ballu Singh then informed Shyamlal Kotwar and Lamu Patel about the incident at 4. 00 AM. Shyamlal Kotwar and Lamu Patel then went to the place of the incident. P. W. 7 Ballu Singh accompanied by Shyamlal Kotwar went to police station at about 7-8 in the morning, and lodged First Information Report (Ex. P-6) on the basis whereof Crime No. 7/94 was registered against the accused.

(3.) THE police registered Merg (Ex. P-2 ). Station House Officer Shri P. C. Jain proceeded to the village on 6-1-94. He held inquest and prepared inquest report (Ex. P-2 ). From the place of the incident he seized half burnt pieces of wood vide Ex. P-3 and P-4. Spot Map (Ex. P-5) was prepared. Body of deceased Bal Singh was forwarded for post-mortem in respect of which P. W. 8 Dr. D. K. Sakle gave report (Ex. P-8 ). The seized articles were sent to the Forensic Science Laboratory, vide Ex. P-9 from where reports Ex. P-10 and P-11 were received. After recording the statements of the witnesses, the case was filed in the Court.