TEJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In S.T. No. 74 of 1983, decided on 21-12-83, by the third Addl. Sessions Judge, Indore, the appellant has been convicted for an offence under S.302, IPC for committing the murder of Shivnarayan and sentenced thereunder to suffer R.I. for life and a fine of Rs. 500/-, in default further R.I. for two years and also convicted him for an offence under S.307, IPC for voluntarily causing grievous hurt to P.W. 3 Antar Singh and sentenced him thereunder to suffer R.I. for five years and a fine of Rs. 250/-, in default further R.I. for one year, all the sentences to run concurrently, though the co-accused Smt. Umrao Bai, wife of the appellant has been acquitted.

(2.) The facts giving rise to this appeal may be stated, in brief, thus P.W. 3 Antar Singh is the cousin of deceased Shivnarayan. The appellant as also deceased Shivnarayan and P.W. 3 Antar Singh all live in village Badarkhan, police station Hatod in the same vicinity. On 27-10-1982, which was the Dussera day, P.W. 3 Antar Singh was sleeping on his oatla at about 6.30 p.m. when wife of appellant i.e. Umrao Bai came there and started hurling abuses and thereafter left the place. Thereupon Antar Singh and his wife followed her. Wife of Antar Singh asked the appellant as to why his wife was hurling abuses, whereupon appellant Tejkaran, who was armed with a sword, inflicted blows upon his ear, cheek and hand. Antar Singh fell down on receiving the blows. His cries attracted the attention of Shivnarayan who rushed at him, but in the meanwhile the appellant Tejkaran gave a sword blow on the neck of Shivnarayan and the appellant's wife also gave a sword blow on the hand of Shivnarayan. Shivnarayan died on the way while he was being taken to the hospital. The FIR Ex.P-1 was lodged by P.W. 1 Daryao Singh, an eye-witness, at police station Hatod the same night at about 8.30 p. m., the distance being 7 kms. in which while narrating the incident the appellant has been named as the culprit.

(3.) P.W. 8 Dr. Hemant Chopra, RSO, M. Y. Hospital, Indore examined P.W. 3 Antar Singh the same night and was operated upon for the injuries sustained by him. In his opinion the injuries sustained by Antar Singh were grievous in nature and would have resulted in his death if proper treatment was not given within time.