PREM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 25th May, 1988 of the 3rd AddI. Sessions Judge. Alirajpur District Jhabua passed in S. T. No. 48/88 whereby the accused-appellant has been convicted u/s. 302 of I.P.C. for having committed murder of his son Udaniya on 24.11.87 in village Hardaspur and sentenced to imprisonment for life.

(2.) The brief history of the case is that accused, his wife Bhurli (P.W.1) and deceased Udaniya were living jointly. On the date of incident i.e. on 24.11.87 in the evening P.W.1 Bhurli had kept, milk in a earthen pot, the deceased came after an hour and saw that the pot was empty. As such, he inquired as to who has consumed whole of the milk. Bhurli farther expressed doubt that the cat may have drunk the milk. But deceased Vdaniya asked from his father about the milk. This infuriated the accused. There was a quarrel between them. Accused felt humiliated and caused injuries by means of arrow to Vdaniya. Arrow hit him at the abdomen. He took out the arrow and threw it because of the scream and an alarm the neighbours came there. The injured informed them about the incident. Thereafter he was taken to the Police Station Ambua, nearly 6 Kms away from the place of incident.

(3.) The matter was reported by injured Vdaniya at about 10.45 P.M. in the night the same was recorded by P.W.6 Khilawan singh Head Constable. He was sent for medico-legal examination with requisition memo Ex. P/10. He was examined by Dr. G.S. Gehold P.W.10 on the same night. He found a penetrating incised wound on the epigastrium size 1 1/2 x 1/2 depth up the abdomen. The omentum was coming out. Looking to the seriousness of the injury the injured was referred to Civil Hospital Alirajpur.