CHHANUA Vs. STATE OF M P

JUDGEMENT

(1.) Appellant, having been found guilty for commission of an offence under section 302 of the IPC and having been awarded life imprisonment by the judgment dated 7.12.92, passed in S.T.No.19/92 by Sessions Judge, Chhatarpur, has preferred this appeal on various grounds.

(2.) In short, facts of the case, are as under :

(3.) Appellant abjured his guilt and submitted that he has falsely been implicated in the case. According to him, when he returned from the field, he was carrying an axe, on his shoulder. His wife was sobbing and informed him that in the morning Kisna had caught hold of her and wanted to violate her chastity. Being enraged, he immediately went to Kisna to ask for the reason for such an indecent behaviour. However, instead of realizing his misdemeanour, Kisna expressed his determination to continue to do so. He again tried to make Kisna understand that being related as uncle, he should not have behaved in such fashion with his nephew s wife. On this, Kisna who was already holding a mungaria ran after him, and attempted twice or thrice to assault him and he tried to save himself with the axe that he was carrying. In the process of, thus defending himself, the injuries were caused to Kisna. Thus, the appellant s defence, in substance, was that on account of sudden and grave provocation, he was not within his control, his thinking capacity was completely marred, and as such, he was not guilty of murder.