MOHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused-appellant who was tried for an offence punishable u/S. 302 I.P.C. before the Sessions Judge, Sarguja at Ambikapur in S.T.No. 116/85, has preferred this appeal challenging the correctness and validity of the judgment of conviction and order of sentence rendered against him by the learned Trial Judge, finding him guilty for the offence u/S. 302 Indian Penal Code in short 'IPC' and thereby sentencing him to undergo imprisonment for life.

(2.) The prosecution case reveals the following facts- The accused was ill-treating his wife Rindi by not giving her food and physically torturing her. Non-availability of the basic essential, food, and the unbearable physical torture compelled Rindi to leave the house of the accused and stay at her brother's place in village Silsila. As the allegation proceeds, two days prior to the date of occurrence she had reached Silsila and stayed with her brother Ledo (P.W.3). On the following Saturday the accused came to take back his wife and stayed at Ledo's residence. He expressed his desire to take Rindi with him but Khode, the elder brother of Rindi, told him that he would send his sister after two days. On the next day i.e. 17-2-85 in the early part of the morning the accused left the house of his brother-in-law. It is relevant to state here that Rindi was the second wife of the accused and she had one daughter, namely, Saniya (P.W.2) through her first husband, Pooran. After the departure of the accused, Rindi, her brother, Khode, and daughter Saniya proceeded to the jungle at about 7-00 a.m. to collect wood. At about 4-00 p.m. while they were making arrangement to come back to the village the accused reached there and assaulted Khode on his neck portion continuously for 4-5 times with a 'tabbal'. Khode was seriously injured, bled profusely and ultimately breathed his last at the spot. Panic-stricken Rindi and Saniya took to their heels, reached their village and informed Ledo, and others. In the night itself Rindi, Ledo, Kunwar and Choukidar Saddum went to the forest to see the dead body of Khode. The villagers guarded the dead body in the night. On the next day the Choukidar went to P. S. Ambikapur and lodged the F.I.R. On 19-2-85 the sub-inspector Adityasingh went to the spot, locally called Jinga-Jhariya Jungle, and in presence of the witnesses did 'Panchnama' of the dead body. He seized one red colour Lungi, Banian, some small pieces of wood and some blood-stained earth under the seizure list, P-4. At the place of occurrence the axe and 'Basula' of the deceased were not available. In the course of investigation the accused stated that he has sold the 'Basula' for rupees 4/- to a shopkeeper at Khapara Sakoli. Basula was seized from the shopkeeper under P-5. He also led to the discovery of 'tabbal' which was kept in his house. He also informed that the axe had been sold by him for Rs. 2/- to one Chumanbai. The said weapon was seized under P. 7. The investigating agency also seized a half-pant and a Chaddar (Article-C) under seizure list P-10. After completing further investigation the charge-sheet was laid before the competent Court who in turn committed the matter to the learned Sessions Judge.

(3.) The defence took the plea of complete denial and false implication.