RAMADHIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) It is an appeal against holding of the accused appellant guilty for committing an offence punishable under Section 302 of the I.P.C. and sentencing him to undergo imprisonment for life.

(2.) Prosecution case is that on 17-12-1985 at about 7.00 p.m., Ramadhin was running here and there while armed with an axe. Punitram (since deceased) and Jagdev (PW/2) followed the accused with the object of snatching axe from him, lest he might cause any injury to anyone. They met the accused on a turning of lane where the accused/appellant dealt a blow by means of an axe on the head of Punitram. The said incident was witnessed by Jagdev (PW/2) Ramkumar Sahu (PW/6), and Chandrashas (PW/7). When Tulsiram (PW/1) came to know about the said incident, he came to the place of incident and found that there was an injury on the head of Punitram, which was profusely bleeding. Tulsiram took Punitram to the Government Hospital, Dhamtari, but on medically examining Punistram, the doctor on duty declared him as dead. Thereafter on 17-12-1985 itself at 9.00 p.m. Tulsiram (PW/1) lodged the first information report (EX.P/1) at police station Arjuni. On the same date, Shri S. N. Pateria (PW/16), reached the place of the incident, after recording the first information report. He seized blood stained and plain earth from the place of the incident, after recording the said first information report. He seized blood stained and plain earth from the incident as per seizure memo (Ex. P/5).

(3.) Immediately, after the incident, the accused was apprehended by Chandrahas (PW/7) and Ramkumar (PW/6). They pressed accused Ramadhin against the wall. At that time Jagdev, who had fled away from the place of the incident immediately when the accused had dealt a blow by means of an axe on the head of Punitram, returned to the place of the incident. Rakumar and Chandrahas asked Jagdev (PW/2) to snatch the blood stained axe from the accused. Jagdev smatched the said axe, and then Ramkumar took the accused away from the said place. Thereafter, at the cross road of the same village Potiyadih, Jagdev entrusted the said axe to Chandrahas (PW/7). Chandrahas entrusted the said axe to Pyri Kotwar (PW/8); who came at the place of the incident on receiving the information about it. In turn, when Sub-Inspector, Shri S. N. Pateria (PW/16), came to the place of incident Pyari Kotwar (PW/8) handed over the said axe to Shri Pateria. Who seized the said blood stained axe as per seizure memo (Ex. P/2).