NANDI Vs. STATE OF MP

JUDGEMENT

(1.) It is an appeal against the finding of holding the accused-appellant guilty of committing an offence - punishable under section 307 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs.3000/- or in default, to undergo further R.I. for nine months.

(2.) The prosecution case is that about 6 to 7 months prior to the date of incident, a Panchayat was convened in the house of Bhagwat Maharaj, who resides in the same village viz. Hatwaha. The said Panchayat related to the theft having been committed in the house of Bhagwat Maharaj. On being enquired by persons, who had gathered in the said Panchayat, Buchiya (P.W.5) had stated that it was the accused-appellant Nandi, who had committed the said theft. On account of the said statement made by Buchiya, the accused Nandi bore grudge against Buchiya.

(3.) Till one day prior to the date of incident, Buchiya along with Bhagunta, Nathua, Mihilal and the appellant Nandi used to do manual labour of loading some article on the tractor of Harisingh. However, on the date of the incident viz, on 4.11.1985, they were not engaged for doing the said manual labour. All the five persons went to the jungle of village Hatwaha, for hunting hares. While proceeding in the said forest for hunting, the accused-appellant Nandi was armed with an axe, while the co-accused Mihilal was armed with a spear. Bhagunta (P.W.2), who is somewhat mentally retarded, followed the said persons upto, the forest.