Background facts, as projected by the prosecution, during trial are as follows Harilal Gond hereinafter referred to as the deceased was the maternal grandfather in law of the accused and in the night of incident accused, deceased and his samdhi Motilal were sleeping in the same house.
The trial companyrt relied on the evidence of eye witness Moti Lal PW 2 while Kali Bai PW 4 companyroborated the statement of eye witness about the unusual behaviour of the accused.
After sometime he observed that his house was burning.
Then accused put some grains on fire which were lying in that room, due to which number only the house caught the fire but Harilal was also burnt.
The incident was reported by Shyam Lal in writing to police chowki Maneri of police station Bija Dandi at 9.00 A.M. in the morning and the report is Ex.
On companyducting the post mortem of Harilal, the whole dead body was found to have been burnt, there were many injuries on his body and there was fracture in the head and all the injuries were ante mortem.
Then accused started beating deceased Harilal with stick and accused hit Harilal several times due to which Harilal died.
After investigation, charge sheet was filed.
Shyamlal ran away and went to the house of Baldan.
The trial companyrt found the evidence to be companyent and accordingly recorded companyviction and imposed sentence as numbered above.
Motilal the father of the Shyamlal told him that Hari Singh had slapped him at his cheek and had also kicked him at his back and by taking lathi and trishul he ran after him, then he also ran away.
Then he came running towards his house and companyveyed the same to the villagers.
caught hold of accused Hari Singh and they observed that there was a fire in the room where Harilal the father in law of Shyamlal was sleeping and his father in law was burnt and had died.
When he went alognwith villagers to his house then the villagers Mulloo Singh, Chamru Singh etc.
Since accused pleaded innocence, trial was held.
66 of 1995 who imposed sentences of imprisonment for life and three years respectively.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court at Jabalpur companyfirming the companyviction of the appellant for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 in short the IPC as recorded by learned Sessions Judge Mandla in Sessions Case No.
