GALAL Vs. STATE OF M P

JUDGEMENT

(1.) BY this appeal, the appellant seeks to set aside the judgment dated 27-3-2001 rendered by the learned Sessions Judge, Jhabua in Sessions Trial No. 382/2000 thereby finding the appellant guilty of the offence punishable under Section 302, Indian Penal Code, convicted and sentenced him to suffer imprisonment for life with fine of Rs. 500/-, and in default of payment whereof, to suffer additional R. I. for three months.

(2.) BRIEFLY stated, the prosecution case for the purposes of disposal of this appeal is that on 27-4-2000 at 3. 00 AM P. W. 6 Dolsingh lodged a report at Police Station, Kakanwani that in the previous evening after taking meals he himself, his both daughter-in-laws and daughter Dalibai were sleeping in the courtyard situated between the hutments. Deceased Mansingh was sleeping underneath the branches of tree in the courtyard and appellant Galal was sleeping in the verandah. At about 1. 00 and 1. 30 AM in the night he overheard some sound. He got up and went to the Jhapla (verandah) and saw that the deceased Mansingh was lying on the cot and was asking for water. He (deceased) abusing told that he was assaulted. Dolsingh, father of the deceased raised alarm which attracted the neighbours namely Velji Bhamar, Nathu Bhamar, Chhappan Damor, Khumchand Damor, who reached over there. Dolsingh saw injury on the left ear, and five injuries on left side of neck caused by axe. Blood was oozing from the wounds and had spread on the cot and floor. After demanding water, deceased died on the cot. Thereafter, his son appellant Galal came there from the side of the field of Kishan Damor. Dolsingh further mentioned in the First Information Report that the deceased Mansingh and appellant Galal were having quarrel on account of a woman. He raised suspicion on appellant Galal for having committed murder of Mansingh. On this report, police party reached on the place of occurrence and prepared the spot map (Ex. P-10), seized controlled and blood stained earth, one blood stained saree, small towel and green plastic leaves. Police also effected inquest of the dead body and sent the same for post-mortem examination. Autopsy was conducted by P. W. 4 Dr. Dayalshankar Narela on 27-4-2000. Dr. Narela found an incised wound on the mandible region, another incised wound on left side neck and occipital region. There was a fracture of occipital bone, at a distance of one and a half inches from injury No. 2. There was another incised wound behind the left ear and fracture of bone of left ear. He also noted incised injury on the front side of left ear between left ear and left eye. There was a fracture of maxillary bone. On internal examination, the doctor found a cut of left carotid artery and fracture of left occipital and temporal as also maxillary bone. The post-mortem report is Ex. P-6.

(3.) ACCORDING to the doctor, the injuries were caused by sharp edged weapon and were sufficient in the ordinary course of nature to cause death. The deceased, according to the opinion of the doctor, died because of excessive bleeding from the wounds and the nature of death was homicidal.