KHAIT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant- Khait Singh, being aggrieved by the judgment of conviction and sentence dated 26.07.2005 passed by A.S.J, Lakhnadon, Distt. Seoni, in S.T. No. 59/05 whereby the appellant has been convicted for offence under Section 302 of I.P.C and sentenced for life imprisonment, has preferred this appeal under Section 374 (2) of Cr.P.C .

(2.) It is not disputed that Bakhtu (PW 3) is the father of the appellant. Kanti Bai (PW 4) is the sister-in-law of the appellant. Deceased- Rama Bai was the mother of Bakhtu Singh (PW 3) and grand mother of appellant. On 28.02.2005 at about 5.00 pm, Rama Bai died in her house. The appellant who is the resident of Karhaiya Bara Tola, Police Station Kindarai. Dharam Singh (PW 1) is the son of village kotwar.

(3.) The prosecution story in brief is that the appellant- Khet Singh was residing with his grand mother Rama Bai. Rama Bai used to receive pension from the government every month. Kalia Bai used to deliver the pension to Rama Bai. The pension of December, 2004 was to be delivered to Rama Bai. On 26.02.2005, Kalia Bai handed over this amount to the appellant- Khait Singh to deliver it to Rama Bai. When Rama Bai demanded this amount, appellant- Khait Singh had a quarrel with her. Because of this appellant- Khait Singh inflicted injury by means of "Hasia" (sickle) and caused the death of Rama Bai. When Kanti Bai (PW 4) tried to save her, the appellant also ran after her. Hence, she ran to the field and informed the incident to Bakhtu (PW 3) her father-in-law. Bakhtu (PW 3) came to the house and saw the dead body of his mother. He then went to the Kotwar to inform about the incident. Because it was late and it became night, therefore, son of Kotwar Dharam Singh (PW 1) lodged report on the next day i.e. on 01.03.2005.