BALA PRASAD DHANSUKH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant (accused), has been convicted by the Second Additional Sessions Judge, Bhopal, under Section 302 of the Indian Penal Code for committing the murder of Mulchand by striking him with a bamboo -stick on his head on 9 -10 -1959 at village Barkheda -Nathu, and sentenced to imprisonment for life.

(2.) THE prosecution case was that there was bad blood and enmity between the parties. On the date of. the incident, while the deceased Mulchand was in his field khasra No. 510/1 in the village, grazing cattle, the appellant suddenly came there from behind and hit him (Mulchand) on his head. The appellant hit him twice, the other blow being on the side of the chest (pasali), and then went away. The assault was witnessed by Dulichand (P. W. 6), a boy aged about ten years, who was present in the field with the deceased. On seeing the assault, Dulichand (P. W, 6), out of fright, had ran away to a distance of about 200 paces.

(3.) IT is true that the plea arises on the evidence of Hari Singh (P. W. 9), Mitthoo Lal (P. W. 11) and Gupta (P. W. 17), and it was not raised by the appellant specifically in the committal Court or the trial Court. But, even so, it is our bounden duty to consider it if it reasonably arises From the evidence on record. In this case, however, the plea has been raised at the bar on behalf of the appellant.