KANHIAYALAL Vs. STATE

JUDGEMENT

(1.) The appellant Kanhaiyalal Brahmin of Mouza Sunheti, aged about 50 years has been convicted of an offence under Section 302, Indian Penal Code, by the Sessions Judge, Bhopal for having committed the murder of Mst. Gangabai Nain aged about 25 years of the same village, in the afternoon of the 5th of October 1950, at her house by a gunshot and is sentenced to death. The learned Sessions Judge has also made a reference under Section 374, Criminal P.C. for confirmation of the sentence. This judgment will dispose of both the appeal and the reference.

(2.) THE case for the prosecution in brief was as follows: The appellant, his father, brother and son were residing in the family house, at mouza Sunheti, in separate portions. The appellant was not on cordial terms with the patelan of the village with whom he was at one time in service. His relations with the deceased Gangabai Nain were also pot cordial as she was a partisan of the patelan. The appellant therefore did not like his young daughter -in -law, aged about 20 years, Mst. Ramrani alias Gayatri visiting the house of the deceased Gangabai. Gangabai had about a couple of months before the occurrence also set up Mst. Ramrani alias Gayatri (P.W. 2), on an offer of substantial reward of land, a pair of bullocks and money to accuse her father -in -law, the appellant of having outraged her modesty. The appellant had, therefore, prohibited Ramrani from associating with the deceased Gangabai or visiting her.

(3.) AT this Gangabai replied that the charge was true and that he had caught hold of his, daughter -in -law's hand with an evil intention. The appellant suddenly fired a shot from his gun at Gangabai and the bullet Struck her on her chest. He also tried to hit her with the gun after she fell down, but the gun struck against the roof of the house and broke. Gangabai died a few minutes later. The appellant then himself left for the Police Station, but was forestalled by Malthu (P.W. 1) who made the First Information Report.