RAMNIWAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 03.07.1999 passed by the Sessions Judge, Bhind in S.T. No. 89/1995, whereby the appellant has been convicted of offence under Section 302 of IPC and sentenced to life imprisonment.

(2.) Prosecution's case, in short, is that on 27.01.1995 Girja Devi (PW-8) wife of the appellant was serving food to the deceased Maniram father of the appellant in the house at village Modhna, Police Station Ater, District Bhind. The appellant came to the house and demanded for food. Girja Devi told him that after completion of dinner by Maniram, she will serve him the food and, therefore, the appellant gave 3-4 slaps to Girja Devi then the deceased Maniram told the appellant that he was not doing anything and he visits the house only for food and, thereafter, the appellant left the house with anger. After some time, he came back with a Farsa and gave few blows of Farsa to the deceased Maniram. Maniram died at the spot and appellant ran away. When Manoj Sharma (PW-2) brother of the appellant came back, he found his father to be dead and, therefore, he asked Girja Devi and Girja Devi told him about the incident. Thereafter, he informed the various persons and, therefore, Sundarlal (PW-3) came to the spot. Sundarlal called Choukidar Sumer (PW-1) and, thereafter Sumer went to the Police Station Ater on the next day morning and lodged an FIR Ex. P-1. Thereafter, the Investigation Officer visited the spot and took the dead body of the deceased and sent it for postmortem. Dr. R.N. Gupta (PW-6) performed the postmortem on the body of the deceased and gave a report Ex. P-18. He found as many as 11 injuries to the deceased Maniram. Almost injuries were incised wounds found on head and face. Few injuries were found on thigh, legs and hands. On opening of the body, left parietal and temporal bones were found broken. Left zygomatic bone was also fractured. Meninges were ruptured and the deceased died due to injuries caused on vital parts of his body.

(3.) The Investigation Officer Y.R. Pandit (PW-4) initially visited to the spot and prepared a spot map Ex. P-6. He took blood stained soil and ordinary soil from the spot and prepared a memo Ex. P-10. He searched for the accused and he could not get him at the spot. At about 03:55 PM, the accused was found at the bank of river Kunwari and, therefore, he was arrested and arrest memo Ex. P-7 was prepared. On enquiry, he gave an information about the Farsa and confession was recorded as document Ex. P-8. Thereafter the Farsa was recovered from the appellant by seizure memo Ex. P-9. Various clothes etc. of the deceased were obtained from the hospital in sealed condition. All such articles were sent to the Forensic Science Laboratory and in the report Ex. P-14 of the Forensic Science Laboratory, blood was found on Farsa as well as Tahmad of the appellant. After due investigation, the charge-sheet was filed before the CJM, Bhind, who committed the case to the Court of Session.