HANSA Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT/accused has preferred this appeal against the judgment and order dated 27-9-94 rendered by Additional Sessions Judge, Sheopurkalan in s. T. No. 142/93, thereby convicting the appellant under Section 302 of IPC and sentencing him to suffer life imprisonment.

(2.) DECEASED Sukhdevwas son of the complainant Pemaji (P. W. 1) and the accused Hansa is son of Naina. Pemaji's father and Naina's father were real brothers.

(3.) THE case of the prosecution, in brief, is that on 7-3-93, in the evening the sheep of the accused were grazing near the KHAIDAK of the complainant pemaji. Meanwhile the deceased Sukhdev brought his cows. Accused Hansa complained to the deceased that his cows are causing injuries to sheep. The deceased, then told the accused to remove the sheep, on this the accused abused the deceased. Thereafter the deceased gave a slap and leg blow to the accused and went away. On the same night villagers had gathered at a distance of about a furlong from Pemaji's house for burning HOLIKA as it was a "holi Festival night". Deceased Sukhdev had also gone there for burning HOLIKA. After the holi was burnt, the deceased Sukhdev, Bhikha (P. W. 2), Amraji (P. W. 3), nimbaji (P. W. 5) and Kanji were talking and smoking and the villagers went back to the village. It is alleged that in night at around 1 o'clock, the accused came there having armed with an axe and he assaulted on the left shoulder and over the back side of the deceased with the axe and ran away. The deceased died on the spot. Amraji (P. W. 3), then went to the house of the complainant Pemaji (P. W. 1) and informed him about the incident. Complainant Pemaji (P. W. 1) came to the spot and brought the dead body of the deceased along with Mansingh, Kanji and other villagers, then the complainant went to Police Station Bargava and lodged the First Information Report (Exh. P-l ).