SARTHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment shall also dispose, of Criminal Appeals Nos. 121 and 122 of 1970. The appellants in these three appeals, Sarthi, Bhqklu and Nanhi, have been convicted under Section 302 read with Section 34 of the Penal Code and sentenced to imprisonment for life for the murder of one Noharsai.

(2.) THE incident resulting in the death of Noharsai happened at about 12 noon on 28th August, 1969, in village Godhi, Police Station Tamnar, District Raigarh. The first information report was lodged by Rabi (P. W. 3) son of the deceased at about 2. 30 p. m. B. K. Singh (P. W. 12), Sab-Inspector, Police, went to the spot and found the dead body of Noharsai suspended from the ceiling of the house of Majhi with the help of a piece q cloth tied round the neck. The, postmortem examination of the dead body was carried out on 29th August by Dr. A. G. Shesh (P. W. 7 ). He found one abrasion on the lower part of the left side of the back and another abrasion over the lateral side of the left knee. These abrasions were antemortem but of little significance. The doctor further found an antemortem ligature mark 1" in thickness above the level of thyroid cartilege extending obliquely backwards and disappearing behind the left ear. In the opinion of the doctor death was due to asphyxia resulting from hanging. The doctor did not find any nail injuries on the neck of the deceased. The stomach contents of the deceased showed that he had consumed alcohol. The doctor did not accept the suggestion that the hanging was suicidal for, in his opinion, it is not possible for a person under intoxication to commit suicide by hanging. The doctor's evidence leads to the definite conclusion that the death was caused by hanging and that in all probability the hanging was homicidal and not suicidal.

(3.) MAJHI in whose house the dead body of Nohirsai was found was a cousin of the deceased. Majhi had died some time before the incident leaving behind his widow Dasmat alias Dolo (P. W. 5) as his heir in whose favour he had execute ed a will (Ex. P-2) on 23rd July, 1969. Majhi and Dasmat both had become invalid and were helped by the deceased and his son Babi for cultivating the lands. It is said that during his lifetime Majhi bad orally declared Rebi to be his successor. Dasmat being invalid had called Sukanti, daughter of accused Sarthi, for preparing her meals and looking after the household. It is suggested by the prosecution that Noharsai felt that Sukanti noay prove to be an obstacle in the way of his son Babi in ultimately getting the property of Dasmat and this had led to an ill feeling between him and Sarthi.