STATE OF MADHYA PRADESH Vs. GODHE FAGUWA

JUDGEMENT

(1.) THIS is an appeal by the State Government against an order of acquittal.

(2.) THE respondent Ghode, aged about 45 years, (hereinafter referred to as 'the accused'), was tried on a charge under section 302 of the Indian Penal code for committing the murder Pusho alias Pushe. The learned Additional sessions Judge, Ambikapur, who tried the case, held that the fatal injuries were caused to the deceased by the accused but acquitted him on the ground of insanity under section 84 of the Indian Penal Code. Being aggrieved thereby, the State Government has preferred this appeal.

(3.) THE case for the prosecution is, briefly stated, as follows. The accused was an exorcist and on the date of the incident, that is, the 2nd August 1968, he had gone to the house of Konda (P. W. 5) to exorcise the wife of Konda who was afflicted by evil spirits. After exorcising her, he left carrying with him his tabbal (a weapon resembling an axe) and his child. Thereafter, he went to the house of Tetanga (P. W. 2), the father of the deceased, and asked the deceased Pusho to give him some tobacco. The deceased told him that he was going to clean his teeth with a dataun and would be coming within a short time. As soon as Pusho moved ahead after saying so, the accused dealt a blow with his tabbal just below the left shoulder as a result of which Pusho fell down and subsequently succumbed to his injuries. The accused picked up his child and went away towards his house.