PARTIES NAME RAMJI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 04.05.2009, against the conviction of accused/appellant in S.T.No.44/2008 (State Vs. Ramji), for offence punishable under Section 302 of IPC. He has been sentenced to undergo R.I. for life imprisonment, with default stipulation.

(2.) Briefly stated facts of the case in nutshell are that Bhole Bhumiya (PW/2) being the neighbour of his maternal uncle deceased Raju Bhumiya, is residing with his mother Smt. Juganti Bai (PW/16) and niece Meera Bai (PW/5). Prior to the incident, there was a dispute between the appellant and his wife Meera Bai (PW/5) and for this reason, she started living with her maternal uncle Raju Bhumiya (deceased), son Banti and Juganti Bai (PW/16). On the fateful day i.e. 13.12007, at about 4:30 PM, when Bhole Bhumiya (PW/2) was at his home, then his maternal uncle Raju Bhumiya told him that Meera Bai (PW/5), wife of appellant, along with his mother Juganti Bai and minor son Banti went to the forest to pick up wooden stick. When they were passing through the forest area, on the way, appellant-Ramji Bhumiya met them and snatched minor child Banti from Juganti Bai (PW/16). Thereafter, Meera Bai (PW/5) told about the incident to Raju Bhumiya and said that appellant-Ramji Bhumiya had snatched her son Banti and asked him to bring her son back. Thereafter, after some time, Bhole Bhumiya (PW/2) rushed towards his house and told that Raju went to the house of appellant Ramji to take back Banti, where Ramji was cutting wooden pole, mother of Ramji, namely, Munnibai was standing on the Medh of agricultural field with Banti on her lap. Thereafter, Raju had demanded Banti, but mother of appellant denied the same and during scuffle, appellant had assaulted Raju by the means of Tangiya (Axe) and caused grievous injuries on his head, due to that, he fell down near Medh of agricultural field. Bhole Bhumiya (PW/2) rushed towards his house and narrated the incident to Jugantibai and his brother Joga, who went to the house of brother of Raju, Devraj at Village Barnamahgawan. Thereafter, said Devraj, Keshavgiri, Uttamgiri, Tirath Tiwari came on the spot and saw that Raju had died.

(3.) Further story of prosecution is that soon after the incident, Uttamgiri has informed the matter to I.M. Dwivedi (PW/11) on cell-phone that Bhole Bhumiya (PW/2) and Devraj Bhumiya (PW/1) had told him that Ramji Bhumiya had assaulted the deceased-Raju Bhumiya on his head by Tangiya (Axe), and he is died. On that basis, Marg was registered and after completing the investigation, Crime No.323/2007 was registered for offence punishable under Section 302 of IPC. During investigation, spot map Ex.P/2 and Ex.P/7 were prepared in presence of witnesses. Plain and blood stained soils were seized from the spot vide Ex.P/3 and dead body of the deceased was sent for postmortem, which was conducted by Dr. Pramod Malviya (PW/6), who gave his report vide Ex.P/9. Thereafter, during investigation, accused/ appellant was arrested and Challan was filed before concerned Magistrate. The seized articles were also sent to FSL Sagar for chemical examination and a report was received from FSL Sagar vide Ex.P/24. After committal of the case to the Court of Session, charge was framed against the appellant and evidence were recorded by the trial Court. The trial Court after recording and marshaling of evidence, convicted and sentenced the accused/appellant as above.