MADWEE LABBA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant - Madwee Labba has impugned the judgment rendered by the trial Court convicting him for offence punishable under Sec. 302 of the IPC and imposing sentence of life imprisonment for committing the murder of deceased Kawasi Mase and Podiyami Sukhram. As a matter of fact three persons namely accused No.1 Madwee Sukda, accused No.2 Madwee Labba and accused No.3 Madawee Budhram were charge sheeted but the accused No.1 Madwee Sukda has been acquitted by the trial Court and accused No.3 Madwee Budhram has died during pendency of the trial.

(2.) Case of the prosecution as appearing in the Dehati Nallishi (Ex. P-8) and FIR (Ex. P-7) is that informant Kawasi Hirma is the father of eyewitness, (PW-3) Podiyami Labbo. The informant Kawasi Hirma had gone to attend a funeral on 14/9/1992. On the funeral ground, accused Madwee Sukda came near him making allegation that he is engaged in witchcraft/sorcery causing death of villagers. Sukda assaulted him over the back of the nape. The informant ran away from the funeral ground and hided himself in the house of (PW-2) Madwami Mado. On the next morning his daughter Labbo came to inform him that the accused persons have caused injury to herself and her son Sukhram by axe and have killed her mother Kawasi Mase. Thereafter, the informant along with Sarpanch Prem Singh, Mado Madiya Kotwar etc. proceeded towards the police station to lodge the report. Budhram met them on their way to police station on which he ran away out of fear. However, thereafter, they reached the police station. Prior to the FIR (Ex. P-7) recorded at 18-00 hours, morgue intimation was registered vide Ex. P-8 at 17-45 hours on 15/9/1992.

(3.) In course of investigation, Podiyami Sukhram, (PW-3) and Podiyami Labbo were sent for medical examination for which report (Ex. P-2) was submitted by the concerned physician. Informant Kawasi Hirma was also sent for medical examination for the injury suffered by him on the previous day. While Kawasi Mase died on the spot, Podiyam Sukhram later on succumbed to the injuries on 18/9/1992, in course of treatment as is mentioned in Ex. P-6. In the Postmortem Report (Ex. P-29) relating to deceased Kawasi Mase, the death was found to be caused due to excessive hemorrhage from the external injury on scalp and rupture of liver along with shock. Whereas in the Postmortem Report (Ex. P-30) relating to deceased Podiyami Sukhram, the death was found to be caused due to coma as a result of head injury. Both Postmortem Reports were performed by (PW-11) Dr. P.C. Karun.