MIRIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is filed by appellant - Miriya S/o Munna Bhil under Section 374 of Cr.P.C., 1973, against the judgment of conviction and order of sentence dated 7/12/2006, passed by the learned Additional Sessions Judge, Jobat in S.T. No.221/2006, whereby he has been convicted under Section 302 of IPC and sentenced to Life Imprisonment with fine of Rs.200/- and, in default of payment of fine, to undergo further RI for two months for committing the murder of Dusu by causing falia injujry.

(2.) The facts of the case are that Mesaribai(PW1) is wife of deceased - Dusu, Somali Bai(PW2) is sister-in-law of deceased and wife of Kalsingh @ Kallu(PW3). Kalsingh @ Kallu(PW3) is younger brother of deceased, Kendu(PW4) is maternal uncle of deceased. Awla, elder brother of deceased committed murder of grand-mother of the present appellant.

(3.) As per prosecution story, on 27/06/2006, at about 6.00 p.m. In the evening when Desu was taking his meal at his house situated at village Kakadpunja Falia, Hardaspura, the present appellant came there and started calling his name and when Desu came from his house, the present appellant, who was armed with falia, has stated that his brother Awla committed murder of his grandmother and, therefore, he will kill him and inflicted multiple falia injuries to him. On hearing his shriek, Mesaribai(PW1) and Somali Bai(PW2), wife and sister-in-law of deceased respectively came at the place of occurrence and tried to save him and also requested the appellant not to kill him, but by that time he inflicted two-three falia blows to him. On hearing the sound of falia, Kalsingh @ Kallu(PW3), who is elder brother of the deceased also reached at the place of occurrence and had tried to save his brother Dusu. On hearing the cry of Kalsingh @ Kallu(PW3), Kendu(PW4), Kaniya(PW5) and Manjriya(PW6) came at the place of occurrence. On seeing them, the present appellant ran away from the spot. Due to multiple falia injuries, deceased died on the spot itself.