DEODHAR BADA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by the accused is directed against the judgment dtd. 31/7/2000 passed by the learned 1st Additional Sessions Judge, Ambikapur (Surguja) in Sessions Trial No. 408 of 1999. Vide the said judgment, the accused has been convicted of having committed an offence punishable under Sec. 302 Indian Penal Code (for short 'the IPC') and sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution story, briefly stated, is that on the night of 7/11/1999, the Appellant went to the house of the deceased-Sukhram where an altercation took place between the Appellant/accused and Sukhram over some issue. The Appellant got enraged and threw a stone on the stomach of Sukhram Thereafter, he ran away to his own house. Sukhram complained of pain and his abdomen developed a swelling. Next morning, PW-7, Foolaso Bai, wife of the deceased went to the house of PW-1, Jeevan Sai and informed him that her husband's abdomen had swollen. Jeevan Sai went to the house of Sukhram and Sukhram told him that he had received injury at the hand of the Appellant/accused. Thereafter, the son of Sukhram arranged a vehicle for taking him to the hospital, but unfortunately, he succumbed to the injuries before he could reach the hospital.

(3.) PW-7, Foolaso Bai is the star witness of the prosecution. She states that she and her son were at home alongwith her husband Sukhram. She was preparing meals for her husband. At that time, the Appellant came. He was armed with a big stone and he threw the stone at her husband. The stone hit her husband on the chest, but the Court has recorded that the witness pointed her hand to the area between chest and stomach. Therefore, it appears that the stone hit the abdominal area. Her husband was injured and was lying down. Rest of her version is similar to what has already been mentioned hereinabove. In cross examination, she admitted the suggestion that her husband died within 10-15 minutes of the injury by the stone.