NATHURAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal against the conviction of the appellant arises out of the judgment dated 26. 11. 1988, passed by the 4th Additional Sessions Judge, Raipur, in Sessions Trial No. 220/87, convicting and sentencing the appellant to imprisonment for life under Section 302, Indian Penal Code.

(2.) THE prosecution case briefly stated is that Bhagwati Bai (since deceased) was the mother-in-law of the complainant Photku (PW 1) and she was living separately in the house of the complainant after being deserted by her husband. The appellant Nathuram and his wife suspected Bhagwati Bai to be a witch and he held a Panchayat in which she was imposed fine of Rs. 500/ -. But Bhagwati Bai could not pay the fine and had left the village. But she again returned to the village after some time. The appellant and his father used to tease and abuse her for which she had lodged Rojnamcha Sanna at the police station against the appellant and his father on 11. 6. 1987. On 16. 6. 1987 at about 9 a. m. Bhagwati Bai had taken her grand daughters Sukhvantin Bai and Rajvantin Bai to Natka Pond of the village for their bath. While the deceased was returning from there alongwith her grand-daughters, the appellant arrived there armed with a sickle and inflicted a blow on the neck of the deceased. As a result, the deceased fell down after sustaining injuries. The appellant washed the sickle and his clothes in the pond and buried the sickle under tine sand of the Nalla and ran away from there. Sukhvantin Bai rushed to the house and narrated the incident to her mother Ghasim Bai who went to the field and informed her husband complainant Photku (PW 1 ). The complainant came to the place of incident and found his mother-in-law Bhagwati Bai lying dead in a pool of blood. Sukhvantin Bai went to the Police Station Abhanpur and lodged a report which was recorded by (PW 12) Ziwara Khan, on the basis of which merg intimation Ex. P17 was recorded. The police arrived in the village and prepared Pandinama Ex. P7 of the dead body of the deceased and sent the dead body to the hospital for post-mortem examination, Dr. K. L. Gopawar (PW 8) held the post-mortem examination on the dead body of the deceased and found the following injuries on her person :

(3.) THE defence was of innocence and false implication.