KAMLESH SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal arises out of judgment dated 23.5.2008 passed by Additional Sessions Judge Beohari, District Shahdol in S.T. No. 309/2007, whereby the appellant Kamlesh Singh has been found guilty of an offence punishable under Sections 302 and 323 of the Indian Penal Code and has been sentenced to life imprisonment with fine of Rs. 100/- and Rigorous imprisonment of 3 months, respectively.

(2.) Prosecution case, in brief, is that on 16.9.2007 at around 11.30 AM the appellant/accused murdered the deceased Babbi Bai by assaulting her with lathi and Gupti and caused grievous injuries to her husband Jageshwar Singh (PW5).

(3.) As per prosecution, the accused is the grand son of the deceased and injured Jageshwar. His brother Kamalnarayan and sister Pooja died a month ago and he suspected that they died as a result of some 'Jadutona' (witchcraft) done by his deceased grandmother. On 16.9.2007 at about 11.30 AM, the accused entered the house of the deceased and assaulted her with gupti and lathi, as a result of which she sustained grievous injuries on her head and died on the spot. Hearing her cries when Jageshwar rushed to intervene and save her, he was also assaulted by the appellant on his head with the lathi. He also gave a blow with gupti on his hand. Hearing the shouts of Jageshwar (PW1), Moolchand (PW2) and Nathu (PW3) came to the spot and on seeing them the accused ran away.