BHURA @ JEEVAN Vs. THE STATE OF M.P.

JUDGEMENT

(1.) The appellant is challenging his conviction u/s. 302 of Indian Penal Code handed down by the Sessions Judge, Jabalpur, in Session Trial No.147/2003. By the impugned judgment, the trial Judge found the appellant guilty of offence punishable u/s. 302 of IPC and sentenced him to undergo R.I. for life imprisonment.

(2.) The prosecution case, in short, is as under:-

(3.) The appellant and witnesses, including Jagdish (since dead) are residents of Village MahuaKheda within the jurisdiction of Police Station Patan District Jabalpur. At about 8:30 in the morning of 08.01.2003, appellant attacked Jagdish with a pick axe. Hearing his cry, Smt. Shashi Patel(P.W.-1) and Ku. Tilak(P.W.-5), his two daughters, who were in the house, rushed to the spot and witnessed the incident. Wife of the deceased, Smt.Gulab Bai(P.W.-2) who was making cow-dung cakes, also reached the spot and saw the incident. Hearing their hue and cry other villagers also rushed to the spot. Appellant ran away after dealing axe blows to Jagdish. Immediately, Jagdish was taken to Police Station Patan, where FIR Ex.P/1 was lodged by Smt. Shashi Patel (P.W.-1) against the appellant for an offence punishable u/s 307 of the IPC . Jagdish was referred to the Community Health Centre, Patan where Dr. Rajput (P.W.-10) after examination referred him to the Medical College, Jabalpur for further treatment. In the medical college, during treatment Jagdish succumbed to injuries. Marg intimation of this fact was given by the ward-boy to the police station and an offence under Section 302 of the IPC was registered. After holding an inquest, dead body was sent for post- mortem. Dr.Sharma (P.W.-13) performed the autopsy and the P.M. examination report is Ex.P/17. Dr. Sharma found 8 stitched ante mortem wounds on various parts of the body including vital part. According to Dr. Sharma, cause of homicidal death was cardio-respiratory failure as a result of multiple injuries which, in his opinion, were sufficient in the ordinary course of nature to cause death. As stated above, the trial Judge by the impugned judgment found the appellant guilty of offence punishable u/s. 302 of IPC . Hence, this appeal.