SADAR KHAN Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Sadar Khan stands convicted under section 302 of the Indian Penal Code for causing murder of his 3-4 years old son named Guddu alias Kamal Khan on 5-12-1981 between 2 00 to 2.30 p.m. in the house of his wife Sushila Bai (P.W. 3). He has been sentenced to imprisonment for life. He appeals.

(2.) It appears from the evidence on the record that although not married, Sushila Bai and the appellant were living as husband and wife and that this union gave him the deceased Guddu. Sushila Bai and the appellant were living well as a consequence of which a few days prior to the incident Sushila Bai came to her house. Guddu remained with the appellant. On the date of incident the appellant along with Guddu went to fetch Sushila Bai from her village. According to the prosecution, he was then holding Farsa in his hand. On reaching her village, the appellant is said to have gone to his wife at a water tap and asked her to accompany him. She was reluctant. Both of them walked to her house where again the appellant commanded her to accompany him. She is said to have expressed that she would go back only if she was not beaten. This seems to have enraged the appellants feeling. He then instead of doing any harm to the wife, gave a hard blow with the Farsa on back of Guddus neck, as a consequence of which vertebra was completely cut and Guddu died on the spot. According to the prosecution, the appellant was caught hold of there only and tied with the rope. The blood stained Farsa was snatched from him and then the matter was reported to the police by Saiyad Mukhtyar Hussain (P.W. 1) vide Ex. P1 immediately after the incident at about 4.2.5 p.m. describing the entire incident in detail.

(3.) During investigation, the blood stained Farsa was sent for chemical examination and vide report Ex. P 10 was found to be stained with human blood. Guddu's dead body was sent for post-mortem examination and Dr. P.S. Chouhan (P.W. 13) opined that the injuries found on the neck of Guddu may be caused by that Farsa and that the death was homicidal.