PODYAMI KOWA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Second Additional Sessions Judge, Bastar at Jagdalpur in Sessions Trial No. 220 of 1980, by his judgment dated 20-21981, convicted the appellant for committing the murder of Podiyami Deve on 12.4-1980 at about 12.00 noon in village Erwar. He sentenced him to imprisonment for life. The appellant has challenged this conviction and sentence by this appeal. Since the appellant was unrepresented the Registry had provided him with a counsel. Accordingly, the learned counsel and the counsel for the State were heard.

(2.) Podiyami Payki (P. W. 2) is the sister of the appellant. This witness is the daughter of Podiyami Deve. Podiyami Aiyatu (P. W. 1) is the husband of the deceased. The appellant was also living with them in village Erwar. It is alleged that the appellant assaulted the deceased by Tangiya as a result of which the latter fell down and succumbed to her injuries. A PANCHAYAT was also held about this incident in the village.

(3.) The First Information Report Ex. P. 1 was lodged by Podiyami Aiyatu (P.W. 1) on 14-4-1980 at about 10.00 A.M. in police station Lohandiguda which is at a distance of about eleven miles. This report was recorded by Head Constable, Bhuveshwarlal (P. W. 9). Head Constable, Dhaneshwar (P. W.6) had gone to village Erwar and after holding an inquest over the dead body, he forwarded the same for postmortem examination. A TANGIYA was also seized by him from the appellant vide memorandum Ex. P. 7 on 14-4-1980. Blood stained and unstained each was also seized from the spot. The dead body of Podiyani Deve was sent to the hospital for post-mortem examination.