PHOOLDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant -Phooldas has preferred the present appeal against the judgment dated 01-09-2009 passed by the Sessions Judge, Guna in S.T.No.234/2008 whereby he was convicted for the offence under Section 302 of IPC and sentenced to life imprisonment with fine of Rs.200/- and in default of payment of fine one month additional rigorous imprisonment.

(2.) Precisely stated facts of the case, as per prosecution, for adjudication are that sister-in-law of Jamna Prasad (wife's sister) i.e. Leelabai (PW-1) was married to accused Phooldas. For one year Leelabai was living with her children with deceased Jamna Prasad (her Jeejajee). On 24- 04-2008 in evening accused Phooldas armed with Gupti visited the home of Jamna Prasad and stabbed the deceased Jamna Prasad at his abdomen. The blows went through and through over the chest and abdomen and he got injured over left arm. On shouting by Jamna Prasad for help, Leelabai (PW-1) tried to intervene, but received blow in the hands of accused. Guddu Saini and other persons rushed to the spot. Jamna Prasad himself went to Police Station, filed the complaint. Statement was recorded, case was registered and spot map was prepared. The accused was arrested and Gupti was seized, meanwhile Jamna Prasad succumbed to injuries and died in hospital. Post mortem was done, clothes of deceased were seized and Panchnama of dead body was made. On chemical examination, human blood was found over Gupti and statement of witnesses were taken and after investigation, charge-sheet was filed.

(3.) The accused abjured his guilt. The trial was conducted in which the question was whether the death of Jamna Prasad was homicidal in nature as well as whether on 24-04-2008 in Darji Mohalla, Raghogarh accused Phooldas caused murder knowing fully well and with intention to cause death of Jamna Prasad and the third question was on the same date and spot accused Phooldas caused injury under the knowledge and intention to Leelabai and under the circumstance that the said injury may cause death to the said victim.