GOVIND PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment dated 17.10.2007 passed by the Additional Judge to the court of First Additional Sessions Judge, katni in Session Trial No.214/2006 whereby the appellant- accused has been convicted under Section 302 of IPC for committing murder of his father-in-law Nandlal and mother-in-law Chanda Bai and sentenced to imprisonment for life along with fine of Rs. 1000/- in default of payment of fine, further RI for one month.

(2.) In this case it is not controversial that Saroj Bai (PW-10) is the wife of the appellant and deceased Nandlal and Chanda Bai were father-inlaw and mother-in-law of the appellant. Vivek (PW-11) is the son of the deceased persons and Biharilal (PW-7) is the brother of deceased Nandlal.

(3.) The facts of the case as emerged from the findings of the learned trial Court are that originally the appellant was belonging to village Amoda but at the time of incident, he was residing with his wife Saroj Bai (PW-10) in village Kondiya, Police Station Slimnabad, District Katni where his in-laws were also residing. The appellant ofenly beaten his wife Saroj Bai (PW-10) and the deceased persons made quarrel with the appellant and prevented him from making quarrel and beating Saroj Bai. On 28.10.2006 the appellant was sharpening the edge of the axe in the house where his wife Saroj Bai (PW-10) asked him about sharpening the edge of the axe. Appellant replied that he was going to kill her father and mother. Thereafter, appellant left the house with axe and went to the agriculture field where Nandlal and his wife Chanda Bai were working. Chanda Bai was at some distance from Nandlal. First of all appellant assaulted Nandlal with the axe and caused several injuries on his neck, back, head and leg. Nandlal died on the spot then appellant moved towards Chanda Bai and he also assaulted with the axe and caused several injuries on her head, leg and thigh and on account of the injuries, she became unconscious and ultimately, on the same day, she also died.