GOVERDHAN Vs. STATE OF M P

JUDGEMENT

(1.) The instant appeal has been filed by the accused/appellant Goverdharn against the judgment of conviction and order of sentence dated 07.06.1996 passed by Additional Sessions Judge, Sohagpur in Sessions Case No.44/1996 by which the accused/appellant has been convicted for the offence punishable under Sections 302 and 307 (two counts) of IPC and sentence to undergo imprisonment for life and also imprisonment for 7-7 years respectively.

(2.) In brief, the case of prosecution is that accused Goverdhan and complainant Rajaram (PW-3), witness Salakram (PW- 6) and Rajkumar (PW-4) are real brothers. The deceased Smt. Nabiya Bai was their mother. There was dispute of partition of the ancestral property between accused Goverdhan with his brothers. Goverdhan was living separately whereas deceased Nabiya Bai was living with his younger son complainant Rajaram and Salakram. As per prosecution it is alleged that on 17.05.1995 in the village Hatvas, in the early morning the wife of accused Goverdhan Smt. Keshar Bai was taking the soil from the land of complainant. Keshar Bai objected to it and told her not to dig the soil from their land. A dispute arose between them meanwhile the accused Goverdhan came there and assaulted Nabiya Bai by a spade on her head. Thereafter at about 08:30 A.M. complainant Rajaram, his brother Salakram and Rajkumar were taking Nabiya Bai for treatment to hospital, to village Pipariya. When they reached out of village the accused Goverdhan came there and told them not to take Nabiya Bai to hospital. When Rajaram and Salakram refused to obey accused he got annoyed and assaulted Nabiya Bai by Axe on her head and inflicted fatal injury. The witnesses Salakram and Rajaram tried to intervene then accused assaulted them also by Axe on their head and inflicted injuries. Nabiya Bai died on the spot and Salakram and Rajaram became unconscious. Witness Rajkumar immediately went to Police Station, Pipariya and gave information of the incident. A sanaha (Ex.P/19 and P/20) was recorded by the police and SubInspector Jahir Singh (PW-10) went on the spot and recorded the Dehati merge intimation (Ex.P/8) and also Dehati Naalishi (Ex.D/2) on information of Rajaram. During inquest the panchanama of dead body of the deceased Nabiya Bai was prepared and sent for postmortem to Primary Health Centre, Pipariya. Injured witnesses Rajaram and Salakram were also sent for MLC and treatment to the hospital. The red earth was seized from the spot. Thereafter a FIR (Ex.P/12) was recorded on the basis of Dehati Nalsi and offence was registered against the accused. During investigation on memorandum of accused an Axe was seized and also blood stained cloths of accused was seized. The statements of witnesses were recorded and after completion of investigation charge sheet has been filed.

(3.) On commencement of trial, charges were framed by the trial Court against the accused/appellant for offences under Sections 302 and 307 (two counts) IPC. He abjured guilt, thereafter statement of 12 prosecution witnesses were recorded. Accused did not give any evidence in the defence. After completion of trial the trial Court vide impugned judgment found accused/appellant guilty for commission of offence punishable under Sections 302 and 307 (two counts) of IPC for murder of his mother Nabiya Bai and committed attempt to murder of his brothers Rajaram and Salakram.