UMMILAL DHARAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this appeal, the appellant Ummilal has challenged his conviction under section 302 of the Indian Penal Code for committing the murders of Faggobai and Sureshkumar on 20-10-1977 for which he was sentenced to death. There is also Cr. Reference No. 2/79 made by the Additional sessions Judge Seoni for confirmation of the death sentence awarded to the appellant. Both the appeal and the reference will be disposed of by the Judgment in this appeal (Cr. A. No. 112/79)

(2.) THE prosecution case is this : Deceased Faggobai was the wife and deceased Suresbkumar the son of Hariprasad (P. W. 2 ). They lived in different portions of the same house. Their mother Mst. Parbatbai lives with Hariprasad (P. W. 2 ). The two brothers have 7 hectares of land in village Nagdabar which was partitioned between them. There was, however, a dispute between the two brothers over the distribution of the land. On 20-10-1977, at about noon, Hariprasad (P. W. 2), with his wife, was doing agricultural operations in the field. His mother was also present there. The appellant objected to the grazing of the cattle by Hariprasad (P. W. 2) over the med which resulted in grappling. Their mother and Rohni (P. W. 3) separated them. The appellant then returned back to his house and dealt repeated blows with knife on mst. Faggobai and thereafter on Sureshkumar aged 9 years. Sureshkumar fell down near his mother Faggobai and died, while Faggobai, in spite of her being seriously injured, was alive. Khilai (P. W. 4) and Balloo (P. W. 14) witnessed the knife assault by the appellant on Mst. Faggobai and Sureshkumar.

(3.) HARIPRASAD (P. W. 2) and others, after knowing of the incident, came to the place of the incident. Sunderlal (P. W. 1), son of the village Kotwar, was deputed to go to the police station where he lodged the F. I. R. Ex. P- l at 2 p m. the same day after covering a distance of 8 kilometres. On this report, marg intimation Ex. P-22 was recorded in respect of Sureshkumar. Mst. Faggobai was removed to the hospital where Dr. B. C. Jain (P. W. 15) examined her on 20-10-1977 and found six incised wounds on her person which were fresh and could be caused by sharp cutting object. Injuries 2 and 3 were sufficient in the ordinary course of nature to cause death. Ex. P-23-A is his report.