IDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appeal is directed against the ORDER and order dated 1/4/1989 of the 3rd Additional Sessions Judge, Alirajpur passed in S.T. No. 31189 whereby the accused appellant has been convicted under section 302 of I.P.C. for causing murder of Jogdiya and sentenced him to imprisonment for life.

(2.) The brief history of the case is that Damadi (P.W. 1) is a widow and was residing with her father Jogdiya on the date of incident i.e. 12/9/1988 Damadi and Jogdiya were returning from Alirajpur. They reached village Gadat. Accused-appellant came there with one stick in his hand and wanted to take Damadi as his wife. This was resisted by Jogdiya. Jogdiya tried to intervene and resisted the attempt of accused. Damadi at the instance of Jogdiya left the place went to the nearby village. Meanwhile, accused being causing injuries to Jogdiya by means of a lathi.

(3.) Damadi (P.W. 1) reported the matter to one Mukam Singh Patel and came to the spot along with some persons of the village and found Jogdiya dead with injuries on his body. The matter was reported to police by damadi at P.S. Alirajpur on the same day about 6 to 7 p.m. As such, a case was registered against the accused. The Police Officer went on the spot, prepared the map and inquest report. The dead-body was sent for post-mortem examination. The autopsy on the body of deceased Jogdiya was conducted by P.W. 4 - Dr. Faiyazhussain who found eight contusions and lacerated wounds including on right mandible, right parietal, chin and chest. There was one contusion on the right part of the neck with blood clots beneath it. The third vertebra was fractured and there was laceration on spinal card and that resulted in the death of deceased.