PATIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is; accuseds appeal challenging his conviction and sentence to imprisonment far life for offence under Section 302 I.P.C.

(2.) The case of the prosecution was that an 12.1.1986 at about 9.00 p.m. in village Bhera made, P.S. Kata district Billaspur, a quarrel took place between the wives of two brothers named Ratiram arid Patiram (appellant herein). In that quarrel, deceased Kanhaiya, the- eldest of the brothers, tried to intervene. This was not to the liking of appellant Patiram. It is said that shortly thereafter when deceased Kanhaiya was washing his hands after taking meals at the door of his house, Appellant Patiram came from his awn house with a Lathi and gave Lathi blows an the head of the deceased. The deceased succumbed in his injuries an 14.1.1986 at 12.05 a.m. in Bilaspur Hospital, vide information of the doctor Ext P.22. The report about the incident was lodged by Kotwar Premalal (P.W. 1). On 13.1.1986 at 9.00 a.m. in out Post Balgahna P.S. Kota, in which appellant Patiram was expressly named as the assailant of deceased Kanhaiya. The report was, lodged by the Kotwar on information about the incident given to him by others including the deceaseds wife Brispati Bai (P.W. 2).

(3.) The injuries sustained by deceased Kunhaiya were first examined by Dr. Tiwari (P.W. 16). He found the fallowing injuries on the deceased vide Ext. P.17-A.