NANDU AHIR Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 9th June, 1993 of the learned Sessions Judge, Mandia, in Sessions Trial No. 163/91 by which the learned Sessions Judge has convicted the appellant under Sections 449 and 302 of the Indian Penal Code and respectively sentenced him thereunder to rigorous imprisonment for 10 years and imprisonment for life.

(2.) The accused was prosecuted for the said offence on the ground that on 24.8.1991 he had voluntarily caused the death of Gondu Panda. It was alleged mat the son of the accused Bhagwat, aged about 5 years, was indisposed since long and earlier he had been treated by the deceased and he had become well. Again on 24.8.1991, Bhagwat came to Bhanpur, though Nisha Bimte (PW12) advised him to take the boy for treatment to Ghughri Hospital, the child was taken to the deceased who subjected him to treatment (witchcraft) during the night, but there was no improvement. At about 4:00 a.m., the child died. On the next day the appellant entered the house of the deceased and assaulted him with an axe. Many people were present on the spot. Report was lodged on 25.8.1991 at about 10.25 a.m. to the said effect. The inquest memo Ex.P/1 was prepared. Vide requisition Ex.P/3, the dead body was sent to the hospital for postmortem examination. The autopsy was conducted by Dr. J.P.Mujwar (PW 3) on 28.8.1991. According to Dr. J.P.Mujwar (PW 3) and bis report Ex.P/3, the body was in a highly decomposed stage. Maggots were crawling all over the body and the surrounding area. Both the nostrils were eaten up by the Maggots and eye-balls were absent, the socket of the eyes were full of Maggots. Maggots were coining out from mouth, bridge of nose and both ears. The lower joint was in two pieces and full of Maggots. Pieces of skull were not present, skin pealed off easily and the underneath bone exposed easily. The skull was only intact posteriorly. There was a fine cut mark over the 3rd cervical vertebrae which was separated and skull could be moved all round. According to the opinion of the Autopsy Surgeon, the cause of death might have been shock due to profuse haemorrhage from vital organ like blood vessels and suggestive fracture of third cervical vertebrae.

(3.) In further sequel of investigation, the accused was arrested and as per disclosure made by him vide Ex.P/2, a blood stained axe was recovered at his instance as per seizure memo Ex.P/8. A Shirt was also seized vide Ex.P/9. Sample of blood stained and control earth were taken from the spot and panchnama Ex.P/10 was prepared. The clothes of the deceased were seized vide Ex.P/11. Spot Map (Ex.P/14) was prepared and seized articles were sent to Forensic Science Laboratory, vide Ex.P/16. After completion of investigation, the accused were prosecuted. The accused denied having committed any offence and stated that he was innocent and had been falsely implicated. However, on trial, he was convicted and sentenced, as stated hereinabove.