DARBARI CHAMRU NISHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged his conviction for the offence punishable under Section 302 of IPC and sentence of imprisonment for life and fine of Rs.3000/- in default S.I. for one year imposed by 2nd Ad hoc Additional Sessions Judge, Yavatmal in Sessions Trial No. 152 of 2001 decided on 3.1.2002.

(2.) The case of the prosecution in brief is that the appellant and his wife Bajarhin were working as labours at a stone crusher at village Bhoyar near Yavatmal and were residing in a small temporary hut admeasuring 8 ft. in length, 8 ft. in breadth in east west direction and 5 ft. and 4 inches in height. The said hut was having only one entrance.

(3.) On 4.5.2001 at about 7 p.m. Jivan Kanhaiyya Nishad (PW1) and one Shivratri were returning to their huts from work. They heard some noise from the hut of the appellant. When they went near the hut of the appellant, they found that the door was closed from inside. At that time Santosh Sardar and Zitoo (the brother of the appellant) came there. Zitoo found that the door was closed from inside by wire. Zitoo opened the door by drawing the wire and entered the hut. He saw that the appellant and his wife Bajarhin were lying in a pool of blood. A knife was also lying there. All others also saw this. The appellant and Bajarhin were immediately taken to Government Hospital, Yavatmal by autorickshaw. On examination the Doctor declared Bajarhin as dead. The appellant was admitted in the hospital for treatment.