BARELAL Vs. STATE

JUDGEMENT

(1.) The accused Barelal s/o. Tunda, resident of 'Stanwada has been convicted under Section 302 I. P. C. and sentenced to life imprisonment. Against his conviction and sentence, the accused has filed this appeal.

(2.) The prosecution story shortly stated is that in the night of 13th July, 1957, the neighbours of the accused (Ratiram P. W. 2 and Patiram P. W. 3) heard a hue and cry of the wife of the accused. And when they reached the house of the accused, they saw him throw his daughter named Gyaso aged about 2 years across the wall. Thereafter the accused lifted the body of his daughter and began to run away. He was pursued and caught and kept in the village till the Police arrived. The young daughter as a result of the fall sustained injuries, and died.

(3.) A report of this incident was made by Panchoo Chowkidar of village Stanwada at Police Station, Shivpuri in which the accused was named. The Sub- Inspector Police went to the village and found the child (Mst. Gyaso) lying dead in the Pator of the accused with injury marks on her head, ear, neck, back and chest and he also saw blood coming out of the ear.