HEMTA SEKIYA Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is against judgment and order dated 23-10-1991 of the first Additional Sessions Judge, Dhar in S. T. 312/90 whereby the accused-appellant has been convicted under section 302, Indian Penal Code for having committed murder of Toliya son of Manglia Bheel on 23-6-1990 at about 9. 30 a. m. in village Gwalbaidi, District Dhar and sentenced to imprisonment for life.

(2.) PROSECUTION story in brief is that on the date of the incident i. e. on 23-6-1990 at about 9. 30 a. m. deceased Toliya accompanied by his son Shambhu (P. W. 1), Chhagan (P. W. 2) Kalabai (P. W. 3) went to the disputed field which they had cultivated a day before. They found the accused and his two brothers conducting sowing operations in the disputed field. It was objected to by deceased Toliya and his family members. Accused Hemta took out bow and arrow and gave an arrow shot which hit deceased Toliya in his chest. He pulled out the arrow and died sometime thereafter. The matter was reported to the police by son of deceased Toliya i. e. Shambhu (P. W. 1) the same day at about 10. 35 a. m. at P. S. Amzera which is about 3 km. away from the place of incident. The report was recorded by P. W. 8 Shersingh, A. S. I. who registered the offence under section 302/34, Indian Penal Code under crime No. 132/90 vide Ex. P/1. He visited the spot and summoned the witnesses vide Ex. P/6. He also prepared inquest report and sent the dead body for post mortem examination with letter Ex. P. /8. A. S. I. Shersingh prepared spot map vide Ex. P/9, seized blood stained and controlled earth from the spot vide Ex. P/10 and arrested the accused persons viz. Hemta, Sardar and Kemta vide Ex. P/11 on 24-6-1990. One bow and arrows were also seized at the instance of accused Hemta vide Ex. P/12. One twelve-bore gun was also seized from accused Kemta vide Ex. P/13. Clothes of the deceased received from the hospital were seized vide Ex. P/14. Accused Hemta had also sustained some injuries. He was also sent for medical examination vide Ex. P/15.

(3.) DR. Shrivastava (P. W. 4) conducted autopsy on the dead body of Toliya and found the following injury on his person :