BALDEV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Appellant stands convicted under Section 302 IPC and sentenced to life imprisonment with fine of Rs.200/- by the Additional Sessions Judge, Baikunthpur dated 9.2.2000 in Sessions Trial No.305 of 1998.

(2.) Fir, Exhibit P-1 was lodged under Section 307 IPC on 10.6.1998 at 7:20 p.m. by Ghasiram, PW-1, father of the deceased Harinandan regarding the assault on the latter earlier at 12:00 p.m. at the house of the Appellant. The injured was taken for treatment to Baikunthpur and was later referred to Manendragarh or Ambikapur. Due to paucity of funds he was taken back home and ultimately died on 30.9.1998, 3 months 20 days later. Section 302 IPC was then added.

(3.) Learned Counsel for the Appellant submitted that the deceased had forcibly intruded into his house when no one was home and sexually assaulted his wife, Ramesh Kumari, DW-1. The Appellant suddenly happened to return home. The deceased having been caught in the act attempted to assault the Appellant and in the scuffle suffered injuries from his own Tangi. The Appellant had no intention to kill the deceased. They were neighbours. Relations were cordial between them according to the prosecution witnesses and the deceased was also a regular visitor to his house. If the intention was to cause death, nothing prevented the Appellant from repeating the assault to ensure that death would ensue immediately. PW-5, Birsai deposed that the Appellant had told him that he was assaulted twice by the deceased with Tangi and that the deceased had also assaulted Ramesh Kumari, DW-1 twice on the head with 'danda'. Ramesh Kumari, DW-1 also stated that the deceased had come with a Tangi.