KUNJAMI AYATU Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has been found guilty of causing the murder of his wifes maternal uncle. It appears that on the date of incident some liquor was consumed by the appellant and the deceased. There was, however, some quarrel on the quantity of liquor served, the appellant got annoyed and is alleged to have given some axe blows to Kunjami Hadmo (deceased) who succumbed to those injuries. The blows were given on the head. Ex. P/i was lodged as the first information report where after during the course of investigation, Dr. Yadu performed the post mortem examination on the body of deceased Kunjami Hadmo and opined that the death resulted on account of fractures on the head which could result by an axe blow. The axe was recovered on information received from the appellant. Appellants clothes were also seized and the axe and clothes were found by the Serologist stained with human blood. At the trial, certain witnesses figured as eyewitnesses. Accepting all this material evidence in the case, the lower Court held the appellant guilty of causing death of Kunjami Hadmo.

(2.) That the death was homicidal and resulted from injuries found by Dr. Yadu on the deceased is well established. The blows could be caused by the axe seized at the instance of the appellant is also beyond doubt. The axe and the appellants clothes contained human blood is also well established. According to Nanode (P.W. 4), the blows were caused by the appellant. Hemla Bhima (P.W. 3) also found the appellant near the deceased with the axe although in Court it was deposed that he did not actually see the assault. Rewa Bungi (P.W. 5) also corroborates the version of Hemla Bhima (P.W. 3). Dead-body was found in front of the house of the appellant. Apart from this, in the panchayat, the next day of the incident, the appellant confessed his guilt before many persons. That, in our opinion, proves beyond all doubt that it is appellant who caused axe blows on the head of Kunjami Hadmo causing his death. The evidence also discloses that the blows were mercilessly given and the beating continued even after the deceased fell down on the ground. It was not just that one blow was given, but the beating continued until Kunjami Hadmo died. The appellant chose vital part of the body. For this he has assigned no reason. He must, therefore, be held guilty of causing the murder of Kunjami Hadmo.

(3.) Learned defence counsel submitted that the appellant was drunk and it is the state of intoxication that the blows were caused. True it is that the deceased as also the appellant had consumed liquor. But there is no evidence to show that the appellant had lost his equilibrium of mind or power of thinking. This plea now subsequently raised has not at all been established. It was also suggested that it was on the spur of the moment that fight ensued and, therefore too the appellant is entitled to benefit under Exception 4 to Section 300, Indian Penal Code. In our opinion, the appellant is not entitled to even this benefit. It is obvious that the beating continued even after the victim fell down and that only vital part of the body was selected for the assault. The blows were repeated.