HEERAMAN Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Heeraman by this appeal challenges his conviction under Section 302, L.P.C. and sentence of imprisonment for life.

(2.) Appellant Heeraman was earning his living by begging. He lived in village Ghisi with his two wives Taribai and Ramkalibai. Taribai was younger while Ramkalibai his elder wife. The appellant has also a son named Amin (P.W. 5), aged about 5 years, from his younger wife Taribai. Taribai is dead.

(3.) The prosecution story briefly stated was that appellant Heeraman was addicted to liquor and gambling. There was a festival called Jyuti festival on 28 July 1984. On that day the appellant was seen wandering in his village Ghisi in a drunken condition. He had also gambled at the house of Bhupat (P.W. 8) of his village on that day. He had returned to his house at about 10.00 in the night. His brother-in-law Brijlal (P.W. 2) belonging to a different village was waiting for him at the house. The appellant, in the presence of Brijlal, quarreled with his wife deceased Taribai. When Brijlal protested and intervened, the appellant left his house. It is the prosecution case that subsequently the appellant again returned to his house and killed his wife Taribai by assaulting her with Lathi and knife. The murder was detected on the following morning when the dead body of Taribai was found lying in a room of the house. The only inmate of the house was child Amin (P.W. 5), aged about 5 years.