PHOOLSAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Judgment of the Court was delivered by Appellant Phool Sai has been convicted under Section 302 Indian Penal Code for committing murder of Deonarayan and sentenced to imprisonment for life.

(2.) If is not in dispute that in the early hours of 2-7-1984 Deonarayan was found dead in the verandah of his house in village Makanpur, Police Station Pratappur District Ambikapur. There were three incised wounds on his body as per the post mortem report dated 3-7-1984, Ex. P/12. The first injury was just below the left mastoid process. It was brain deep. The second injury was on the left side of the neck. The third was on the back. He died on account of these injuries. His death was homicidal.

(3.) The point for determination during the trial was whether the accused was the author of this crime. There was no eye-witness account of this incident. The prosecution case rested on circumstantial evidence and the extra-judicial confession made by the accused to Tejpal (PW 8). The circumstances relied upon by the prosecution were (a) previous enmity of the accused with Ramjatan (PW 4) (b) the accused was waiting for an opportunity to cause death of Ramjatan (PW 4) (c) the accused handed over a blood stained towel to Tejpal (PW 8) at the time of making extra-judicial confession, (d) the recovery of blood stained shirt and trouser from the acused, (e) the recovery of blood stained Tangi at the instance of the accused and (f) the conduct of the accused that he did not go to the house of Deonarayan after it came to the notice of the villagers that he was done to death.