PANU Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 302, Indian Penal Code and sentenced to undergo imprisonment for life for having committed the murder of his paternal grandfather Markanda Gochhayat,

(2.) TERSELY put and shorn of unnecessary details the prosecution case as disclosed at the trial is as follows: The deceased Markanda Gochhayat was an old man of 70 years. He had five Sons, viz. Jhunturu, Nadia, Makuru (P. W. 3), Bira and Purandar. The appellant is the son of Purandar, 10 to 12 years ago Nadia, Makuru, Bira and Purandar jived separate from the deceased, but Jhunturu continued to live with him jointly. The deceased had some lands, cattle and utensils. He did hot give a share of the property to his separated sons. Purandar, the father of the appellant, was demanding a share out of the property. He had convened a Panchayat for division of the property. On 18 -8 -73 the deceased lodged information at the police station that the appellant and his father forcibly ploughed a piece of land in his possession. Upon this information a station diary entry was made vide Ext. 9. During police enquiry the appellant's father gave an undertaking (Ext. 9/1) not to interfere with the possession of the land of the deceased. Two days prior to the occurrence the appellant and his sister's husband Narottam Naik (P. W. 5) forcibly cut and removed the paddy crop raised by the deceased on his land. A Panchayat meeting was held and the appellant promised to return the paddy which he had removed

(3.) F .I.R. was lodged by P. W. 3 Makuru Gochhayat, the son of the deceased at Thakurgarh Police Station on 24 -12 -73 at 2.30 P.M. The Investigating Police Officer (P. W. 10) visited the spot at 4.30 P.M. and arrested the appellant who had already been taken into custody by a constable. He held inquest over the dead body and despatched it for post -mortem examination. While under arrest the appellant gave recovery of the axe (M.O.I) from his court -yard. After due investigation the appellant was charge -sheeted under Section 302, I.P.C.