STATE OF MADHYA PRADESH Vs. MANGU KISHAN

JUDGEMENT

(1.) RESPONDENT Mangu s/o Kishan Bagri of Harnavda was prosecuted before the sessions Judge, Ujjain, for the murder of his cousin Sukhram on 31-1-1965 at the village Harnavda. He was found guilty not under Section 302 I. P. C. but only under Section 304 (Part II) I. P. C. and was sentenced to three years' rigorous imprisonment. The respondent did not prefer any appeal against his conviction. The State, however, has preferred the present appeal against his acquittal in respect of the charge under Section 302 I. P. C.

(2.) THE incident in the course of which Sukhram lost his life arose over a petty matter. The respondent had borrowed Rs. 2/-from him about a year prior to the date of the incident. On the date of the incident i. e. 31-1-1965 the accused had gone to the river Chambal for bathing. Before entering the river for the purpose of bathing the respondent placed a change which he had with him of Re. 1. 25 in one of his shoes. His cousin Sukhram happened to reach there probably for the same purpose namely bathing. Finding the change in the shoe he pocketed that amount. The respondent protested telling him that the money did not belong to him but it belonged to his uncle. Sukhram thereupon asked for return of his loan of Rs. 2/ -. The respondent assured him that he would return the amount some time later. This assurance did not satisfy Sukhram. He insisted upon payment of his dues before tie could be asked to part with the amount of Re. 1. 25 held by him. There were other persons present. They pursuaded both of them to return to the village instead of continuing to wrangle there. They did so. It appears that after some time both the respondent as well as Sukhram happened to go to the river side each for a different purpose. Sukhram had gone to water his cattle whereas the respondent was proceeding towards the jungle with an axe in his hand. The respondent again asked Sukhram to return the amount of Re. 1. 25 Sukhram did not comply. Some talk ensued between them. It is said that they also grappled with each other. The respondent at that stage gave a blow with the axe carried by him by its blunt side on Sukhram's head. Sukhram fell down. The respondent then left the place with his axe. One Bhagga, who happened to pass that way approached the fallen victim. He found him unconscious. After a short-while he slightly regained consciousness. He was able to stand and get moving. The place of the incident was about 150 paces from the village site. Hardly had Sukhram gone over a distance of 50 feet when he sat down. He was later on taken home where he died the same night

(3.) FIRST information report was lodged by the Chowkidar Sewa the following morning at about 5-30 A. M. at the Police Station Ingoriya which is at a distance of about 9 miles from the village Harnavada where the incident took place. The station House Officer Charansingh went to the place of the incident, held inquesl over the dead body of Sukhram and sent it for post-mortem examination. The respondent was arrested and from him the axe Article 'a' was seized. The dead body was examined by Dr. Ratansingh Johari of Barnagar. He found only one bruise 3" x 2" over the left temporal region below which there was a depressed fracture of temporal bone 21/4" X 2" in dimensions. There was extra-dural haemorrhage and injury to the middle meningeal artery. Death was due to shock and internal haemorrhage. According to Dr. Johari such death was bound to have resulted.