KERIYA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant challenges his conviction under Sec. 302 of I.P.C. for having committed murder of Nahrriya on 26/11/1987 in village Dindwad vide order dated 17/5/1988 of lInd AddI. Sessions Judge, Alirrajpur Distt. Jhabua passed in S.T. No. 101/88.

(2.) The prosecution story in brief is that nearly two years prior to this incident deceased Nahriya was arrested in a case of murder. It appears he was released on bail or after trial. After about a year this accused appellant developed contact with the daughter of deceased and thereafter began living with her and his mother-in-law i.e. wife of the deceased.

(3.) It is alleged that deceased was demanding some money from the accused as he has kept his daughter and he was also objecting to close relation with his wife. On the date of incident there was some altercation between the accused and deceased. The accused assaulted the deceased by a Musal (a heavy wooden log used for pounding the rice). Deceased Nahriya raised alarm. His sister and daughter came there and tried to intervene but the accused further gave blows and ran away. One Khumliya (P.W. 4) also came on the spot. Rukhali (P.W. 2), sister of the deceased and one Kansingh narrated him the story.