SARKA GUNDUSA Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 302 I, P. G. and sentenced to imprisonment for life.

(2.) THE prosecution case is that on 22-9-65 a child of 3 years was playing in the village street. The accused came out of his house brandishing an axe and gave a sudden blow with its sharp side on the neck of the child. The boy fell down and died instantaneously. With the blood stained axe the accused ran into the adjoining jungle. The villagers searched for him, but could not trace him out. On 23rd morning the accused returned to his house without the axe. The accused pleads insanity. The learned Sessions Judge held that the death was homicidal and the accused killed the deceased. He rejected the plea of insanity.

(3.) THAT the death of the child was homicidal and that the accused killed him with his axe are not challenged before us. P. Ws. 1, 2 and 3 are the eye-witnesses. They vividly describe as to how the accused came out with his axe and killed the child by giving a sudden stroke with its sharp side. The finding is based on unassailable evidence.