STATE OF MADHYA PRADESH Vs. JAD BAI

JUDGEMENT

(1.) Leave granted.

(2.) The respondent herein and the co-accused - husband and son of the respondent, all were tried and ultimately convicted for the offences punishable under sec. 302 read with sec. 34 of the IPC for having killed Vesta, the deceased.

(3.) That an FIR was lodged by one Nanbai - wife of the deceased at the Police Station Nanpur, alleging that on the Diwali night at about 10:00 or 11:00 pm the elder brother of her husband (Jeth) - accused No.1 - Sekadiya and his son Mukesh - accused No.2 came to her house to call her husband saying that there had been cooked 'Murga ' in their house. According to the complainant, her husband - Vesta went along with accused No.1 and accused No.2. According to the complainant after sometime, she heard the voice of crying/scream of her husband and she immediately rushed to the house of her Jeth - accused No.1 - Sekadiya and she saw in the light of electricity that accused No.3 - Jethani (wife of accused No.1 - Sekadiya) had caught hold her husband - Vesta and accused No.1 assaulted her husband by Axe on the head, due to which Vesta fell down. As per the case of the prosecution, the husband of the complainant - Vesta died due to injuries from the axe. According to the prosecution there was a land dispute and therefore the accused persons killed the deceased by calling him at their house. According to the prosecution the accused persons committed the offences punishable under Sec. 302 read with Sec. 34 of the IPC. After conclusion of the investigation, the Investigating Officer filed the chargesheet against the accused for the aforesaid offences. The accused pleaded not guilty and therefore all of them claimed to be tried by the learned Sessions Court for the offences punishable under Sec. 302 read with Sec. 34 of the IPC. To prove the charge against accused the prosecution examined in all eight witnesses out of which Nanbai - PW1 was the eye witness. The prosecution also brought on record the documentary evidences including the medical evidence through various witnesses. On closure of the evidence on the side of the prosecution, statements of accused under Sec. 313 Cr.PC were recorded in which the accused stated that they have been falsely implicated in the case at the instance of the Sarpanch due to enmity of election. On appreciation of evidence, the learned Trial Court held all the accused guilty for the offences punishable under Sec. 302 read with Sec. 34 of the IPC and sentenced all of them to undergo life imprisonment.