MAHTO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this appeal, the appellant Mahto has challenged his conviction under Section 302 of the Penal Code for which he was sentenced to undergo imprisonment for life.

(2.) THE prosecution case is this. The deceased Chhando was the husband of the acquitted accused Mst. Nanki and father of the appellant and the acquitted accused Gawal. Pyaribai (P. W. 2) is their daughter. Gangi (P. W. 3) was engaged to Gawal and lived with the deceased. The deceased had agricultural land belonging to the joint family. He developed drinking habits and used to dispose of his land for meeting drinking expenses. The appellant and other members of the family were greatly annoyed with him. Between the intervening night of 19th and 20th June, 1971 the family members slept together with the deceased in one room. In the early hours of the morning, the appellant attacked Chhando with a sharp edge of an axe. Pyaribai (P. W. 2), Gangi (P W. 3) and Nanhu (P. W. 13) woke up on hearing shrieks when they saw the appellant standing with an axe in his hand and Chhando lying in a pool of blood. The appellant and the acquitted accused Gawal went to Chowkidar Mahatoram (P. W. 4) and informed him admitting that they had killed their father. The Chowkidar collected village people who questioned the appellant who, before them, admitted to have killed his father. Dasarai (P. W. 1) went to the police-station and lodged the first information report (Ex. P-1) at 2 p. m. on June 20, 1971.

(3.) AN inquest was held over the dead body of Chhando as per Panchanama, Ex. P-6. Dr. I. D. Gupta (P. W. 19) performed the postmortem examination and as per report (Ex. P-17} found the following marks of injuries on the person of the deceased: