CHHAGAN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Chhagan from Jail who has been convicted by the learned Additional Sessions Judge, Banswara under Section 302, I. P. C. on 18-7-1970, and sentenced to imprisonment for life, and a fine of Rs. 200/-, and in default of payment of fine to undergo rigorous imprisonment for three months more,

(2.) THE facts of the case, in brief, are that Smt. Jawari, mother of the accused Chhagan, used to live with him in village Loonavada, which is at a distance of about 7 miles from the Police Station, Kausalgarh. Mst. Hudi, wife of the accused, also resided with them along with her two minor children. On 1-3-1970, Mst. Hudi raised an alarm that Smt. Jawari is dead. On hearing the alarm, Metah son of Jetha Bheel, came to the house of the accused, and saw that Mst, Jawari was lying dead in the "angan" of the house. It is alleged that Chhagan told Metah that his mother was a witch, and that he had killed her, as he was not keeping well for the last one month. Metah and Chhagan then went to the house of Roopji, where Vijay Singh and the Sarpanch Holiya and Sardara also came. F. I. R. Ex. P-l was lodged at 8. 30 A. M. on 2-31970. at Police Station, Kausalgarh by Metah. P. W. 5 Shri Vasudeo, Deputy Superintendent of Police, reached the spot, and site-plan Ex. P-5 was prepared under his guidance by Sabir Mohd. Chhagan was arrested on spot by P. W. 5, Vasudeo, the Deputy Superintendent of Police. In pursuance of the statement recorded under Section 27 of the Evidence Act, an axe had been recovered in the "tapari", opposite the house of Chhagan. The information given by the accused was recorded by Shri Vasudeo in Ex. P-ll. The learned Additional Sessions Judge after recording the evidence convicted the accused, as aforesaid.

(3.) MR. Bajwa, appearing as Amicus Curiae for the accused, contended that Metah, Roopji and Vijay Singh have not supported the prosecution story. It was contended that Metah and Vijay Singh have been declared hostile. It was also contended that the accused Chhagan was not of a sound mind, and he was behaving like an insane for the last four or five months prior to the incident. It was, therefore, contended that the accused Chhagan is entitled to the protection of Section 84 of the Indian Penal Code.