JHAMMAN GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Appeal is of the year 2002 and the appellant is in jail. Since no one appeared on behalf of the appellant. Shri H.S. Verma, Advocate who is Panel Lawyer of Legal Services Committee is appointed as Amicus Curiae to assist the court.

(2.) The prosecution story in brief is that houses of the appellant and the deceased are adjacent. There was some ill will between them. On the date of incident i.e. 11.2.2001 in the morning Bhaw Singh was in his courtyard. His wife Dashoda Bai was in the house. The appellant came there, he was armed with an Axe. He abused Dashoda Bai and Dashoda Bai also instigated the appellant in that moment, the appellant had pushed Dashoda Bai and then Dashoda Bai abused the appellant. The appellant had inflicted a blow of Axe on the head of deceased Dashoda Bai. Other persons came on the spot. Dashoda Bai became unconscious. The report was lodged at Police Station, which is Exhibit P-2. Dashoda Bai was admitted in Primary Health Center, Devri. She was referred to Sagar and admitted at Sagar Hospital. She was died in the evening on 11.2.2001 at about 05:30 P.M. The police conducted investigation and filed charge sheet. During trial the appellant abjured his guilt. The trial court held the appellant guilty for commission of offence punishable under Sections 450 of IPC and sentenced to undergo rigorous imprisonment for 7 years with fine of Rs. 500/-, in default of payment of fine, additional rigorous imprisonment for three months, under Section 302 of IPC sentenced to undergo rigorous imprisonment for life with fine of Rs.500/-, in default of payment of fine, additional rigorous imprisonment for three months.

(3.) Learned counsel for the appellant has submitted that even if the prosecution evidence be taken into consideration as a whole, the offence committed by the appellant would be 304 Part I of IPC. The appellant has already undergone jail sentence of 13 years, hence the sentence of the appellant be modified as already undergone. Learned counsel for the State has submitted that the appellant inflicted severe blow on the vital part of the body of the deceased, hence trial Court has rightly held the appellant guilty for commission of offence punishable under Section 302 of IPC and awarded the proper sentence.