JHAPADI BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 04.09.1998 rendered by Additional Sessions Judge, Alirajpur (the then District Jhabua) in S.T. No.166/95, whereby appellant Jhapadi Bai has been convicted under Section 304 (Part-II) of IPC and has been sentenced to undergo RI for 5 years.

(2.) Prosecution story, briefly stated, is that on 14.12.1994 around 5 p.m., Vestibai, aged about 9 years (deceased), was grazing her ox near the agricultural field of Jhapadi Bai situated in village Kheved, Police Station - Alirajpur, the then District- Jhabua. Somehow the ox of Vestibai (deceased) - daughter of Hajri Bai (P.W.2) entered into the field of Jhapadi Bai, wherein Gram crop was standing. On some damage caused by the ox to the crops, appellant Jhapadi Bai got infuriated and assaulted Vestibai by kicks and fists. She was also pushed down by her on the ground. On alarm being raised by Vestibai and one Guman (P.W.3), who was also grazing the cattle near the field of Jhapadi Bai, Hajri Bai (P.W.2) and Surbhan (P.W.4 reached the place of occurrence which was hardly 100 meters away from their residence. They saw Jhapadi Bai assaulting Vestibai by kicks and fists, however, in the meantime, Jhapadi Bai fled away from the spot. Vestibai was brought to home by Hajari Bai (P.W.2) and Surbhan (P.W.4) in injured state, however, within an hour, she succumbed to the injuries and died. Due to lack of conveyance, Hajri Bai could not same day report the matter to police, however, on the next day morning at around 11 a.m., she lodged First Information Report (Ex.P/3) in this regard at Police Station - Alirajpur; on the basis of which a case under Section 302 of IPC was registered. An inquest was carried out by B.L. Narwale (P.W.5) - the then Town Inspector, Police Station - Alirajpur. Vide inquest report (Ex.P/5), he found that Vesti Bai has died because of internal injury. Same day, Dr. DR Mandal (P.W.1) conducted autopsy on the dead body at Civil Hospital, Alirajpur. He, vide postmortem report (Ex.P/2) found following two injuries on the body of the deceased.

(3.) The learned trial Judge framed a charge under Section 302 of IPC against the appellant, who abjured the guilt and claimed to be tried. The prosecution in order to bring home the guilt examined as many as 5 witnesses including Hajri Bai (P.W.2), Guman (P.W.3) and Surbhan (P.W.4), who are said to be the eyewitnesses. Dr. D.R. Mandal (P.W.1) is the autopsy surgeon, while B.L. Narwale (P.W.5) has carried out investigation. Apart this, documents Ex.P/1 to Ex.P/6 were also marked in evidence.