BANARSI ALIAS PANHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) It is an appeal against the finding of holding the accused appellant guilty for committing an offence punishable under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) Prosecution case is that on 14-5-1986, marriage of the daughter of Dhola Kumhar was going to be solemnised and on account of the said marriage ceremony, several people of village Chirga (Nayapara), Police Station Dhaurpur, District Sarguja, and the adjoining villages were invited at the house of Dhola Kumhar. There Kabilaso (PW 7), her son Sookham, accused Panha and several other persons, including Prem and his wife Khaderan, were present. A quarrel took place between the wife of Prem and Kabilaso regarding the manner in which the food was served and the wife of Prem and Prem threw Kabilaso on the ground. Sookhan protested regarding the said incident and said that his mother had uttered nothing against either Prem or his wife and hence why they had thrown her on the ground. Thereafter, Sookhan, Dhola Kumhar and Deonda Gond intervened and saved the mother of Sookhan. In the said process, it appears that some injuries must have been caused to Prem or his wife, Panha, the accused, who was present at the place of incident, went to his house and brought an axe from his house. At that time, Sookhan was sitting on a cot and people of Ghasia caste were playing music on drums. Few girls of that community were dancing in the courtyard. Sookhan was throwing coins towards the drummers.

(3.) At this juncture, the accused, who had brought an axe from his house, came there and all of a sudden, without giving any warning, dealt one blow on the head of Sookhan and dealt yet another blow on his neck. On account of the said injuries, Sookhan died at the place of incident itself.