KAISHYA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal, under section 374 Cr.P.C., at the instance of the convict Kaishya s/o Pilya Barela is against the judgment dated 05/02/2008 passed by the Additional Sessions Judge, Sendhwa, District Badwani, in Sessions Trial No.63/2006.

(2.) As per prosecution story, on the date of incident, i.e., on 21/01/2006 at about 2.30 pm in village Bampura, Dhavila (since deceased) and his wife Rahdel Bai were guarding their wheat crop in the field. At that time, the cattle belonging to one Vikram tried to enter into the field, therefore, the complainant Rahdel Bai tried to prevent their entry into the field. At that juncture, her nephew Kaishya intervened and tried to cause injury to the complainant by a stone boulder. On that, the complainant ran away and reached where her husband was in the field. The accused Kaishya chased her and reached the spot and attempted to cause injury with the stone boulder in his hand. The stone boulder hit on the head of her husband, Dhavila as a result fell down. On hearing shouts of the complainant, Vikram and Nanla reached the spot and seeing them, the accused ran away from the place of occurrence. They brought the injured Dhavila to home from where they took him to Chavaria but on the way, he passed away. The complainant alleged enmity between the accused, Kaishya and the deceased, Dhavila as regards digging well.

(3.) P.W.3 Rahdel Bai lodged FIR (exhibit P/8) at the Police Chowki, Chacharia which was received at the Police Station Sendhwa, District Badwani. Case was registered under section 302 IPC. The investigation was carried out by Ajay Sengar, Station House Officer (P.W.9). Spot map was prepared vide exhibit P/10 and recovered the stone boulder, simple earth and blood stained soil and prepared panchnama vide exhibit P/4. Seized the pagadi (turban) and shirt with blood stains of the deceased vide panchnama, exhibit P/5. All the seized articles were sent for FSL examination. The body of deceased was sent for post mortem.