- (1.)Appellant has filed this appeal against the judgment dated 4th October, 2000 passed by Sessions Judge, Chhindwara in Sessions Trial No.10/2000 convicting him under section 302 of the Indian Penal Code and sentencing him to imprisonment for life.
(2.)In short, facts of the case are that appellant was the sonin- law of Rukhma Bai, the deceased. Rukhma Bai, along with her four children resided in village Noniya Karbal. Appellant resided in the neighbouring house of deceased. His wife namely Radha Bai had already died. Since appellant frequently used to come drunk and quarrel with other family members, deceased used to ask her to leave the house. On 1.12.1999 in the morning at about 10:30 o'clock when Rukhma Bai was coming back to her house after answering the call of nature, when she passed from front of the house of appellant, he dealt blows by pointed spear like iron rod to her. She shouted and fell down. When her daughter Maya Bai (PW-1) went to save her, appellant ran after her to assault with the iron rod. On Maya Bai's crying, Bhagrathi Bai (PW-2), Parwati Bai (PW-4), Subi Bai and other people of the neighborhood reached there. Appellant taking his son and the iron rod ran away on his bicycle. Maya Bai narrated the incident to other persons.
(3.)Appellant himself went to police station, Chhindwara on the same day and lodged first information report Ex.P/1 at 11:30 a.m. On his report, marg intimation Ex.P/2 was also recorded. Police reached at the spot, conducted inquest proceedings and recorded memorandum Ex.P/5. There were injuries on the head, neck and the hand of deceased. On the same day, police arrested the appellant and on his information Ex.P/3 recovered and seized a ballam vide seizure memo Ex.P/4 from the drain of the field of Chokhe Jain. Blood stained earth, clothes of deceased and appellant were seized from the spot and sent to Forensic Science Laboratory, Sagar.