Decided on April 19,2018

Jhoolan Yadav Appellant


S.K. Gangele, J. - (1.) The appellant has filed this appeal against the judgment dated 13.08.1996 delivered in S.T. No. 178/95 by Sessions Judge, Shahdol. The appellant has been tried for commission of offence punishable under Section 302 of the IPC. The trial Court held the appellant guilty for commission of offence and awarded the sentence of life imprisonment and fine of Rs. 1000/- with default stipulations.
(2.) As per the prosecution story, the appellant had apprehension that deceased used to perform witchery. The deceased had gone on the date of incident to the house of the appellant for taking buttermilk. She returned back after an hour. The appellant told her that she used witchcraft against him to stop it, failing which, I would teach you a lesson. Deceased denied that she had practiced witchcraft. At around 6 o' clock in the evening, deceased went to the forest to collect some wood, then she went up to some distance, then appellant Jhoolan came there and inflicted injuries on the neck of the deceased. She fell down on the earth. Mevalal (PW-1) was there. Appellant Jhoolan told him that he would also kill him. Mevalal (PW-1) narrated the incident to other persons, thereafter they went to the Chowkidar and report was lodged on 13.08.1995 at about 6 o' clock at the police station. Police conducted investigation and filed charge-sheet.
(3.) Mevalal (P.W.-1) deposed that, my mother had gone to the house of the appellant at around 12 o' clock to take buttermilk when she was returning back at around 7 o' clock in the evening deceased went to khaliyan. My son Ramlal was playing in the khaliyan, he came and told me that the appellant had taken the deceased. I came from the house and noticed that my mother was lying on the earth in an injured condition. There were injuries on her head. Jhoolan was there, he threatened me that if I would there, then he would insure me. He was abusing my mother. Thereafter, he run away from the spot. I told the incident to Budhsen, Ramprasad and Shivprasad. They came on the spot. At that time, my mother was dead. Report of the incident Ex. P-1 was lodged at the police station. Police came at the village and prepared Panchnama of the dead body.;

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