BALSAI Vs. STATE OF MADHYA PRADESH (NOW CHHATTISGARH)

JUDGEMENT

(1.) The appellant being aggrieved by the judgment dated 30-12-1994 passed in Sessions Trial No. 4 of 1994 by the learned Second Additional Sessions Judge, Raigarh convicting the appellant under Section 304 Part-II, IPC and sentencing him to undergo rigorous imprisonment for eight years has filed this appeal,

(2.) The prosecution case in brief is that on 140-1993 Baju and Chhandu had gone to see the accused as he was a little unwell, at about 3/4 A.M. the accused hit Baju by means of an axe on the back of the left parietal region, after hearing the alarms and the shouts the other inmates of the house woke up and caught the accused. They found that Baju had died on the spot. A report was lodged at about 11.00 A.M. on which an inquest was made. The body of the deceased was inspected and sent for post-mortem. Stained and plain earth, mattress, bed-sheet and clothes of the accused so also the axe were recovered. The statements of the witnesses were recorded. After submission of the challan as the accused denied commission of the offence he was put to trial. During the course of the trial the accused raised the defence under Section 84 of the Indian Penal Code but however the learned Trial Court after hearing the parties recorded the findings against the accused and convicted and sentenced him as referred to above.

(3.) For proper appreciation of the defence arguments it would be necessary to see the provisions contained in Section 84 of the Indian Penal Code. The said Section reads as under :--