JEETMAL MANCHHARAM Vs. STATE

JUDGEMENT

(1.) THE accused appellant Jeetmal s/o Manchharam has been convicted Under Section 307, Penal Code, and sentenced to eight years rigorous imprisonment and fine of RSection 100 by the Sessions Judge Dewas Junior Branch. He has, therefore, preferred this appeal.

(2.) THE short facts of the case are as follows: The accused Jeetmal and Sidnath are real brothers. They live in the village KLiaria near Sarangpur. Fifteen years ago Sidhanath went to reside with his uncle. Sidhanath returned to the village Kharia and filed a civil suit in the Court of the Munsiff Sarangpur for partition of the joint family property against his brother Jeetmal. A preliminary decree for partition was passed by the Munsiff in favour of Sidhanath a month prior to the incident. It appears that on 5th october 1948 a final decree was passed for partition of the joint family property. Half share in the house in the village Kharia was handed to Sidhanath. On 8th October 1948 at about 4 A. m. when Mamlekhan, a police constable, was on duty at Sarangpur Police Station, he heard the crie3 from the river side. Mamlekhan woke up Police Constables Pannalal, Sardarsingb, Sasuddin and Bamsingh and asked them to go anil see what the matter was. They proceeded to the spot of the occurrence which was 1 furlong away from the Police Station along with the Sarangpur Road which about Bombay-Agra Road. They found Sidbanath Mali was lying under the pipal three. Police constables asked Sidhanath as to what had happened. The latter asked him to make light. After the light was made Sidhanath examined the axe, stick and Cbadra which was lying on the spot and said that these articles belong to his brother Jeetmal. He had snatched these articles from Jeetmal during the course of "scuffle and he said further that he had bitten the thumb of his brother. Sidhanath then went home to tie his bullooka. In the mean time one Bondar, head constable was called at the house of Sidhanath and Sidhanath accompanied Pannalal and went to the house of Sub-Inspector. There the Police Constable Pannalal in the presence of Sidhanath lodged the first information report. Ext. p/a and it is taken down in writing. This was at about 5. 30 A. M. i. e. , an hour and half after the occurrence. Sidhanat was taken to the Sarangpur Dispensary and there he was examined by P. W. 4 Dr. Keshavrao Dighe. There were four injuries on the person of Sidhanatb according to the medical certificate Ex. p/8.

(3.) THE Police constable Bondar arrested, accused Jeetmal on 8th October 1948 at about 5 p. m. They took the accused to the Police Station. He was sent for medical examination, and on the person of Jeetmal there was one contused would 1/2" long skin deep, on the left thumb and in the medical certificate p/9 it is remarked that the teeth marks were present on the left thumb. On the same day i. e. , on 8th October 1918 the accused Jeetmal made a confessional statement at about 2. 30 P. M. before the Magistrate, Mr. Bhargava. Exhibit p/10 is the confessional statement. On 11th October 1948 the Sub. Inspector seized a piece of rope which was bound to the neck of Sidhanath and it was cut. This was seized from the house of Sidhanath.