SUKH SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the Judgment dated 15-10-1999 in Sessions Trial No. 30/1998 by Shri A.K. Samantray, Second Additional District & Sessions Judge, Raigarh whereby the appellant has been convicted under Section 302 of I.P.C. for committing murder of Raturam and sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/- in default to undergo rigorous imprisonment for 2 years.

(2.) BRIEFLY stated the prosecution story is that the wife of appellant had expired few days before the date of occurrence. The appellant suspected that death of his wife was due to witchcraft by bis uncle Raturam (deceased) and his wife Dulkunwar (PW-17) and Panikram (PW-3), The appellant used to blame these persons and used to say that he would kill all of them.

(3.) KOTWAR Ramdas PW-1 lodged the F.I.R. (Ex.P-2) on 08-10-1997 at 12.30 P.M. at the Police Station-Dharamjaigarh. Shri T.C. Malakar PW-19, Assistant Sub-Inspector reached the spot on 08-10-1997 at 5.30 P.M. and prepared the spot map and panchnama Ex. P-10. At the place of occurrence, on the basis of memorandum (Ex. P-8) A.S.I. T.C. Malakar PW-19, Vide Ex. P-5 seized one axe with a wooden handle containing blood like stains from the appellant One pink coloured cotton Dhoti containing blood like stains was also seized vide Ex.P-6 from the accused/appellant. Blood stained soil and ordinary soil was seized vide Ex. P-7 on 09-10-1997.