GULAB Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal under section 374 of the Code of Criminal Procedure, 1973 is against the judgment dated 7.12.2001 passed by the Additional Sessions Judge, Jobat, District Jhabua in Sessions Case No. 293/2000, whereby convicting the appellant for the offence under section 302 of the Indian Penal Code and sentencing him for life imprisonment.

(2.) THE prosecution case, in brief, may be stated, as under: - On 29.3.2000 at about 10.00 PM, appellant Gulab was beating his children. On this, Bhuchariya (brother of the appellant) asked the appellant as to why he is beating them. To this, the appellant replied and said that as they are his children, he is free to do anything with them, and he should not make any interference in it. Having received such reply, the deceased Bhuchariya said yes, they are your children and you may do whatever you like to do with them. After saying so, Bhuchariya went near the well and lied down on the swing hanged there. Hinglibai (PW 1) also followed Bhuchariya. When the deceased was lying on swing and Hinglibai was standing nearby him, the appellant armed with 'Falia reached there. He while using abusive words, caught hold of Bhuchariya and then dragged him to a distance; on which Hinglibai tried to get Bhuchariya freed from the appellant, but was not successful. The appellant then inflicted 'Falia blow on the neck of Bhuchariya, on account of which Bhuchariya fell down. The appellant then also continued to inflict injuries to him by 'Falia. When Hinglibai shouted and asked to the appellant as to why he is beating Bhuchariya, he tried to attack Hinglibai. In order to save herself, Hinglibai ran away from the spot. On hearing cry of Hinglibai, villagers came to the spot and found Bhuchariya to be dead. First Information Report Ex. P/1 was lodged at Police Station, Nanpur, District Jhabua. The Police prepared Naksha Panchayatnama Ex. P/5. Dead body was sent to postmortem. The postmortem report is Ex. P/7 -A. After completion of investigation challan was filed by the Police against the appellant.