DUKHIRAM @ DUKHLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) (Oral) The prosecution story in brief is that on 6.7.1994 the appellant had taken out Jarawa, (article used in fencing field) and kept the jarawa in his badi, (courtyard). On this act Maghdhu and Pahadi Singh came at the house of Dukhiram and asked the reason for collecting Jarawa. Dukhiram replied that Maghdhu had also taken his Praya (straw), hence, I had brought his Jarawa and kept it in my badi, (courtyard). Dukhiram abused Maghdhu and said that it is all being done by Jageshwar and I would not let him live. After sometime, Dukhiram brought an axe from his house and started to abuse in front of the house of Jageshwar. Jageshwar asked him not to do so. Dukhiram said that it is all being done by you and I would not let you live and tried to attack him with axe. Jageshwar catch hold his axe and Maghdhu tried to pacify the quarrel. In the course of scuffle Dukhiram gave a blow of axe on the neck of Jageshwar. He fell down on the spot and died. The family members of the deceased were also present on the spot. Maghdhu, Pahadi, Rambai (PW-4) and Sukwariya bai saw the incident. Rammu Singh lodged the report at the Police Station, Nouroujabad at around 8 o'clock in the morning. Thereafter, the Police registered the offence and conducted investigation. The charge sheet was filed. The present appellant abjured the guilt during trial. The trial court held the appellant guilty for commission of offence punishable under Section 302 of IPC and awarded jail sentence of Life with fine of Rs. 5000/-.

(2.) Learned counsel for the appellant has submitted that the appellant himself received injuries on his head. The prosecution did not explain the injuries. The deceased and the prosecution parties were aggressor and the appellant acted in private defence. The trial court has committed error in convicting the appellant for commission of offence punishable under Section 302 of IPC. In alternate, learned counsel for the appellant has submitted that there was no intention on the part of the appellant to kill the deceased. The incident had taken place all of sudden in the heat of passion, hence, alleged offence said to be committed by the appellant would fall under Section 304, Part A of IPC. In support of his contentions, learned counsel for the appellant relied on the following judgments of the Apex Court:-

(3.) Learned counsel for the State has submitted that as per evidence produced by the prosecution, this fact has been established that after the quarrel the deceased was standing at a distance and in that event the appellant had inflicted a blow on the neck of the deceased after snatching a tangi. The intention and motive to kill a person could be developed at the time of incident, hence, the trial court has rightly held the appellant guilty for commission of offence punishable under Section 302 of IPC. In view of the injuries sustained by the deceased, the appeal is liable to be dismissed.