MANSINGH PARMA TELI Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant was tried under Section 302, I. P. C. for causing the death of dulareprasad. The learned Sessions Judge, Indore, found the appellant guilty of the offence under Section 304 (Part 1) LP. C. and sentenced him to suffer rigorous imprisonment for five years. Aggrieved by the conviction and sentence, this appeal has been preferred by the. appellant for his acquittal.

(2.) THE prosecution case was that in the night between 22nd and 23rd March 1958, when the appellant came to his house at about 1-30 A. M. , he noticed that the doors were closed and suspected some one present inside. Getting suspicious, he chained one door from outside and tapped the other. Eventually, his wife shamabai P. W. 12, opened the door and Dulareprasad also came cut of the house. At the sight of Dulareprasad being within his house at that hour of the night with his wife, and both being all alone, the appellant slapped his wife, and took out a bamboo with which he gave a blow on the head of Dulareprasad. Dulareprasad tried to run away but the appellant chased him in the lang nearabout the quarters. After a little while, the appellant returned saying that he had done away with Dulareprasad. The appellant himself lodged the first information report in the police station in which confessing his guilt, he said that the dead body and the knife were lying at the spot where ha had stabbed Dulareprasad and specified that place as the 'last road in Nanda Nagar. '

(3.) ACCOMPANIED by Pratapsingh, Sub-Inspector Police, Harnarayan and Krishnarao, the anpel-lant went to the spot and showed the dead body of Dulareprasad and also mo knife, art. I, which was found near the dead body.