GAMBHIR SINGH KHILADI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has been convicted under section 302 Indian Penal Code and sentenced to life imprisonment for the murder of Jhanka, and also under section 307 Indian Penal Code, for which offence he has been sentenced to ten years rigorous imprisonment, for attempting to murder Narbadiya Bai (P.W. 1), wife of the deceased Jhanka. Both the sentences are to run concurrently.

(2.) Jhanka and his wife Narbadiva Bai were living in village Mohantola, Police Station Mandla, district Mandla, at the time of the incident. Very early in the morning on 27-2-1980, Narbadiya Bai (P.W. 1), in an injured state, raised an alarm from her house, which brought to the scene Dhallu (P.W. 2) and Malthuram (P.W. 3) and to them she gave out that a person residing in village Tindua Bamhani had came and stayed at their house the previous night and he had killed her husband Jhanka and also inflicted injuries to her with a Pharsa and then fled from the scene. A report (Ex. P-i), mentioning these facts, was lodged by Dhallu (P.W. 2) promptly at 730 A.M. a little after the incident.

(3.) The post-mortem revealed that Pharsa blows had been inflicted to deceased Jhanka on his neck and chest which were sufficient in the ordinary course of nature to cause death. Pharsa blows were also found inflicted on the back and face of Narbadiya Bai (P.W. 1), for which she remained in the hospital for treatment.