KAILASH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been filed assailing the impugned judgment dated 31.08.2004 passed by Addl. Sessions Judge, Betul, in Sessions Trial No.54/2004 whereby the appellant has been convicted under sections 302 and 307 of the I.P.C. and sentenced him to undergo imprisonment for life along with fine of Rs.500/- and further sentenced to R.I. for seven years (two counts) and fine of Rs.500/- (two counts), in default two months R.I. separately. Both the sentences are to run concurrently.

(2.) The case of the prosecution, in brief, is that complainant Shivratan was living with his wife Sunita (deceased), son Kamlesh, daughter Lalita and the mother-father Tulsabai and Pooranlal in the house situated in the field of Bodi Lalmati at village Kumhartek Lalmati. On 1.12.2003 there was Legislative assembly polling, due to which, Shivratan had gone to exercise his franchise and Pooranlal had gone to graze the cattle. Bharat (PW-3), son of Shriram, elder brother of Shivratan, was also working in the field. At round 9 AM accused Kailash came to their house and asked Tulsabai about Shivratan and told that he would kill him. Then on query made by Tulsabai as to why he wanted to kill Shivratan, then Kailash started beating her by wooden stick, due to which, she sustained injuries on fingers. At that time, Sunitabai came and questioned as to why he was beating her then he went away. When Shivratan was returning at 10 AM after voting, on the way he met with accused Kailash, who blamed Shivratan that he torn his pipe but Shivratan refused, due to which, Kailash started scuffling with him. Nitin (PW-6) intercepted between them then Kailash went away. When Shivratan returned home along with Nitin then his mother Tulsabai told her that Kailash beaten her. Then at around 12 in the noon, Shivratan took his mother for dressing and for casting her vote. In the meanwhile, accused Kailash armed with ballam came and dealt blow on the head of Sunitabai and beaten her and also beaten Kamlesh and Lalita with the same weapon. Bharat was watching the incident from the field. When Kailash saw Bharat watching the incident, he ran to beat him, then Bharat (nephew of Shivratan) ran away towards Kumhartek and narrated the entire incident to his Bua (fatherâTMs sister). Then all the persons came to the spot. On the spot, Bharat narrated the entire story to them. Sunita was lying dead on the spot along with two children, son Kamlesh and daughter Lalita were also lying like dead. As the police was present at the polling booth, the police were informed about the incident. The police reached the spot and written Dehati Nalishi, Ex.P/1. On the basis of Dehati Nalishi, Marg No.108/2003, Ex.P/12 was registered. FIR Ex.P-11 was recorded at Crime No.971/2003 under section 302/323 of the IPC at police station Betul. Thereafter, in the investigation in the presence of panch witnesses, Lash Panchayatnama, Ex.P/14 was prepared. Spot map, Ex.P/15 was prepared. Dead body was sent for postmortem at District Hospital, Betul and injured Lalita and Kamlesh were got medically examined.

(3.) On examination, Dr.A.K.Khare, found following injuries on the body of deceased Sunita on 02/12/2003 at 9.35 A.M:-