KALANG Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) JOHN Steinteck, the nobel laureate wrote thus : -

(2.) THE prosecution story, as unfurled, is that on 26 -12 -93 in Village Tokni, the deceased Ojebai, Kamubai (PW -4) and Guddi alias Manotabai (PW -5) had finished their dinner and were in their house. At about 9 p.m. the accused came and asked Guddi for food. Reply came from Ojebai that there was no food at home. Blood rushed into the hand of the accused and he assaulted Kamubai, his mother and Guddi, his sister. Thereafter he brought out an axe and assaulted Ojebai on her head, chest, back and the right hand. Kamubai went to the house of Roshanlal (PW -2) and informed him about the incident. Roshanlal came to the house of Renubai and found Ojebai was lying dead. Next day, Roshanlal, Hari (PW -3) and some others came to the house of Renubai who narrated the entire incident. Thereafter, an FIR (Ex. P -2) was lodged at Navgaon Police Station by PW -4. The investigating agency did 'panchnama' of the dead -body (Ex. P -6). The dead -body was sent for post -mortem. Renubai and Guddi were also sent for medical examination. There medical examination reports are (Ex. P -13) and (Ex. P -14). The accused led to the discovery of the axe which was seized under (Ex. P -4). The sample earth from the spot and the clothes kept on the bed of the deceased were sent for chemical examination. After completing all other formalities, chargesheet was placed before the competent Court under Sections 302/323 of the Indian Penal Code and the said Court in its turn committed the matter to the Court of Session at Chhindwara, forming the subject -matter of S.T. No. 62/95.

(3.) TO substantiate the charge against the accused the prosecution examined 10 witnesses. PW -1 Shivlal is uncle of the accused who has been declared hostile PW -2, Roshanlal who had arrived immediately at the place of occurrence PW -3 is Hari PW -4, Renubai is the mother of the accused PW -6 is Guddi, the sister of the accused PWs -5, 6, 7 and 8 are the formal witnesses PW -9 is the Sub -Inspector attached to Navgaon Police Station who had conducted investigation and PW -10 is Dr. N. R. Azad who had conducted the post -mortem examination. Apart from adducing oral evidence the prosecution also marked number of documents in furtherance of its case.