SHALIGRAM Vs. STATE OF M. P.

JUDGEMENT

(1.) Sessions Judge, Hoshangabad, in her S. T. No. 165 of 1988 (State of M. P. vs. Shaligram) found the appellant guilty on 25-7-1989 under section 302 of the Indian Penal Code ('Code' for short) and sentenced him to undergo imprisonment for life. Aggrieved thereby, this appeal was filed.

(2.) Deceased Chhutkan was a juvenile aged about 15 years. On 3-7-1988 at village Kajalkhedi the deceased Chhutakan and Moolchand (PW 3), Bhuriyabai (PW 6) and Guddibai (PW 7) juveniles of same age were grazing their goats and playing in the field of one Maharban Singh. Deceased Chhutkan was chiselling the Gilli with an axe. The appellant reached there and abused deceased Chhutkan and asked him why did he abuse him. Deceased Chhutkan denied the allegation. The appellant snatched the axe from deceased Chhutkan and dealt with Devoral forceful blows on the person of deceased. Hearing shrieks of deceased Chhutkan and these juveniles, Radheshyam (PW 1) rushed to spot but by then appellant had fled away. Radheshyam (PW 1) persued the appellant who could not be caught. Thereafter, Radheshyam (PW 1) informed Nathuram (PW 8) the father of late Chhutkan about his death. Nathuram (PW 8) the father of late Chhutkan lodged first information report Ex. P. 1 at Police Chouki Banda Taba. The dead body of deceased Chhutkan was sent for post mortem examination. Dr. R. S. Shukla (PW 2) found in all four following incised wounds :

(3.) R. P. Singh Katiyar (PW 11) ASI Chowki Bagra Taba proceeded to the spot and inspected it. Blood soaked earth and simple earth was seized by him vide Ex. P. 3. An axe (Art-A) was seized from spot vide Ex. P. 5. Spot map (Ex. P. 11) was prepared. Inquest report (Ex. P. 3) was prepared after giving notice to the panch witnesses. The appellant was arrested on 5-7-1988 vide Ex. P. 13. Blood-stained vest was seized from him vide Ex. P. 9. A blood soaked white Dhoti was seized on his information vide Ex_ P. 8 from his father vide Ex. P. 14. Clothes of deceased Chhutkan and vest and Dhoti of the appellant were sent for chemical examination to the FSL who found blood on axe, clothes of deceased and Dhoti of the appellant. Serologist found human blood on the axe and the vest of the deceased. Blood grouping was not possible as the sample had disintegrated. After due investigation, a charge-sheet was filed for an offence under section 302 of the Code.