KIRTAN PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Kirtan Prasad stands convicted for offence punishable under Section 302. IPC with sentence of imprisonment for life vide Impugned judgment dated November 30. 1989 passed by Sessions Judge, Mandla, in Sessions Trial No. 29/88.

(2.) The prosecution case, in brief, is that deceased Parvat Singh was the maternal uncle of appellant Kirtan. Mole Singh (PW-2), Adhar Singh (PW-10), Mukesh Kumar (PW-11) are his father, uncle and cousin respectively, whereas, Janki Bai (PW-3) is his another cousin (Mouseri Bahin).

(3.) On 17-6-88 at about 6 pm at village Barapani, deceased Parvat Singh, Jani Bal (PW-3) and Mole Singh (PW-2) "were sitting in the courtyard of Mole Singh and were chitchatting on family matters. Deceased Parvat Singh as per his habit was speaking in loud voice. Appellant Kirtan Prasad fell that the deceased is quarrelling with his father Mole Singh, therefore, he brought an axe from the inner side of the house and dealt an axe blow on his neck. The deceased Parvat Singh who was sitiing in a chair, fell on the ground. On hearing the sound of fall of chair, Adhar Singh (PW-10) and Mukesh (PW-11) also reached the place of occurrence. Appellant tried to deal another blow on the deceased but his father Mole Singh with the help of his brother Adhar Singh (PW-10) and Mukesh (PW-11) caught hold of the appellant and snatched the axe from him and tied him with a .rope