STATE OF M P Vs. TIKHIYA

JUDGEMENT

(1.) This appeal by State is directed against the judgment rendered by Sessions Judge, Jhabua in S.T. No. 43/90 on 2/5/1990, thereby acquitting the accused/respondent of the charge under 5. 302 IPC.

(2.) Briefly stated the facts at the trial were that on 28/10/1990, there was some programme of Garba in village Kahuda at about 7-8 P.M. After taking meals the deceased Tersingh and his daughter Kalibai (P.W. 1) had gone there to see Garba. The respondent came there armed with bow and arrows and falia. At that time, the deceased Tersingh was watching the Garba. The respondent came near him and uttered that today he would kill or be killed. On this, the deceased said that Such thinks should not be said on the day of festival and invited him to sit and smoke Bin. For that purpose, he (Tersingh) gave him bin. The respondent again started hurling filthy abuses and became prepared to fight. On this, Tersingh started going towards but of Rewla. The respondent immediately rushed towards the deceased and dealt falia hitting him on the head. Kalibai (P.W. 1) tried to intervene to save her father but in the meantime, the respondent again indicted 4-5 blows by means of alia with which he was armed. Kalibai, thereafter, fell on the body of her father lying injured and cried for help. On hearing the cries, Badlibai (P.W. 2) the wife of deceased and another daughter Pagalibai (P.W. 3) came to the scene of occurrence. Certain persons of the village also collected. Deceased Tersingh was found bleeding. Soon thereafter, he succumbed to the injuries on the spot. The report in the shape of Dehatinalshi Exh. P/i was lodged by P.W. 1 Kalibai at Police Station Ranadir, District Jhabua. Formal case was registered at Crime No. 163/89. The spot map Exp. P/2 was prepared. The post mortem was conducted by Dr. N.K. Pathan (P.W. 5). The report is Exh. P/14. After completion of investigation, the challan was filed. A charge under section 302 IPC was framed to which the accused-pleaded not guilty. On trial, he was acquitted of the charge.

(3.) We have heard Shri A.S. Kutumbala, learned GA for the appellant/State and Shri A.N. Pradhan learned counsel for the respondent.