UTTAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant stands convicted by 7th Addl. Sessions Judge, Bhopal in S.T. No. 282/89 (State of M. P. v. Uttam Singh) under Section 302 of the Indian Penal Code ("Code" for short) by impugned order dated 17-7-90 and sentenced to imprisonment for life.

(2.) It is undisputed that deceased Chain Singh S/o Gaidaji was father-in-law of the appellant. Smt. Narayani Bai (P.W. 1) is his wife. Smt. Prem Bai (P.W. 4) and Krishna Bai (P.W. 6) are daughters while Ram Singh (P.W. 5), is a son of deceased Chain Singh. Smt. Krishna Bai (P.W. 6) is the wife of the appellant.

(3.) As per prosecution on 30-8-89 deceased Chain Singh and his minor son Ram Singh (P.W. 5) aged about 11 years, were sleeping in the verandah of their house. Smt. Narayani Bai (P.W. 1) and her two daughters Prem Bai (P.W. 4) and Krishna Bai P.W. 6) were sleeping inside the adjoining room. At about 4.00 a.m. Ram Singh (P.W. 5) shouted that deceased Chain Singh was hit by an axe by the appellant. Narayani Bai (P.W. 1), Prem Bai (P.W. 4) and Krishna Bai (P.W. 6) rushed out of the room and saw the appellant with an axe running towards the house of Baldev, a neighbour. Deceased Chain Singh was lying all in blood on his cot. Blood was oozing out of his neck. He was dead. On cries of Narayanai Bai (P.W.1), neighbours Gyan Singh (P.W. 2), Moti Singh alias Motilal (P.W. 3), Hukum Singh (P.W. 9), Baldev, Bhawarlal and Narayan Singh rushed to the spot and witnessed the appellant running with axe towards the field.