PADIYANI BADODI Vs. STATE OF M P

JUDGEMENT

(1.) In Sessions Trial No. 122/80, Second Additional Sessions Judge, Bastar at Jagdalpur, vide his judgment dated 21.11.1980 convicted the appellant Podiyami Badadi for an offence under Section 302 Indian Penal Code and sentenced him to imprisonment for life. The appellant has preferred this appeal through jail, challenging the said conviction and sentence. Shri S.S. Tiwari, advocate, had been appointed as a counsel for the appellant.

(2.) The deceased Podiyami Kosa was the real younger brother of appellant Podiyami Badodi. One of the younger sons of deceased Podiyami Kosa had run away being of imbalanced mind. That son could not be located. In the evening of 28.2.1980 at about 6.30 P.M. in the village Bodenar deceased Podiyami Kosa in presence of Sukko sb the appellant stated that the appellant has practised witch-craft on his son so as to make him insane. At this Sukko, appellant's son brought a TANGIYA and wanted to assault thereform but Dasru son of the deceased snatched the Tangiya from Sukko. Thereafter Sukko went away to his house. Then the appellant came there with a bow and arrow and shot an arrow on the deceased, which pierced his chest. The appellant then ran away. At that time Dasru (P.W. 2) and podiyami Payki (P.W. 1) were present.

(3.) The First Information Report (Ex. P. 1) was lodged by Dasru (P.W. 1) on 29.2-1980 at about 8.30 P.M. in Police Station Lohandi Guda. Sub-Inspector M.R. Sonekar (P.W. 10) recorded this report Ex. P. 1. The Sub-Inspector reached the spot and after holding an inquest over the dead body of Podiyami Kosa forwarded the same for post-mortem examination. He also seized the blood stained and unstained earth.