J.S. Verma, J.
1. The appellant has been convicted under Section 302. I.P.C. and sentenced to life imprisonment for the murder of Jhanka. and also under Section 307 I.P.C. for which offence he has been sentenced to ten years' rigorous imprisonment. for attempting to murder Narbadiya Bai (P.W. 1) wife of the deceased Jhanka. Both the sentences are to run concurrently.
2. Jhanka and his wife Narbadiya Bai were living in village Mohantola. Police Station. Mandla. district Mandla. at the time of the incident. Very early in the morning on 27-2-1980. Narbadiya Bai (P.W. 1) in an injured state. raised an alarm from her house, which brought to the scene Dhallu fP.W. 2) and Mal-thuram (P.W. 31 and to them she gave out that a person residing in village Tindua Bamhani had come and stayed at their house the previous night and he had killed her husband Jhanka and also inflicted injuries to her with a pharsa and then fled from the scene. A report (Ex. P-1)V mentioning these facts. was lodged by Dhallu (P.W. 2) promptly at 7-30 A. M. a little after the incident.
3. The post-mortem revealed that pharsa blows had been inflicted to deceased Jhanka on his neck and chest which were sufficient in the ordinary course of nature to cause death. Pharsa blows were also found inflicted on the back and face on Narbadiya Bai (P.W. 1). for which she remained in the hospital for treatment.
4. The appellant. who was admittedly a resident of Tindua Bamhani. was arrested on 13-3-1980 and was identified by Narbadiya Bai (P.W, 1) in a test parade held for this purpose on 25-3-1980 by M. G. Rusia, Naib Tahsil-dar (P.W. 12). This test parade was held after Narbadiya Bai (P.W. 1) had been discharged from the hospital after treatment. The appellant was identified by Narbadiya Bai (P.W. 1) out of the total of 10 persons. including the appellant. The memo of identification prepared by M. G. Rusia (PW 12) is Ex. P-15.
5. The testimony of Narbadia Bai (P.W. 1). corroborated by Dhallu (P.W. 2V and Malthuram (P.W. 3). is unimpeachable and is sufficient to identify the appellant as the assailant of Jhanka and Narbadiya Bai (P.W. 1). Learned counsel for the appellant urged that the test parade held on 25-3-1980 was delayed and that Narbadiya Bai wrongly identified another person before she picked out the appellant in that parade. There is no merit in this contention. The appellant came to be apprehended only on 13-3-1980. as he was not available earlier and Narbadiya Bai (P.W. 1) being in the hospital for treatment for the serious injuries which she had sustained, could not be taken prior to 25-3-1980 for making identification in the parade. There was thus no delay in holding the test parade. The memorandum (Ex. P-15) as well as the testimony of M. G. Rusia (P.W. 12V. who held the identification parade. negatives the contention of a wrong identification made earlier by Narbadiya Bai (PW 1). We are satisfied that there is no infirmity in the same. The evidence led by the prosecution has been rightly believed by the trial Court against the appellant.
6. In view of the nature of the weapon used by the appellant and the parts of the body where the injuries were inflicted to Jhanka. who died in sleep as a result thereof. there can be no doubt that the offence made out is that of murder punishable under Section 302 I.P.C. for causing the death of Jhanka. Similarly, the assault in the back and face of Narbadiya Bai. a defenceless woman. by the appellant in the aforesaid circumstances also clearly indicates that the appellant's intention was to kill her in order to obliterate the evidence of crime against him. which she would provide as an eyewitness of the murder. but the appellant's attempt failed only as a result of the alarm raised by Narbadiya Bai. requiring the appellant to flee from the scene. The convictions of the appellant for both the offences as well as the sentences awarded do not call for any interference in this appeal.
7. The appeal is. therefore. dismissed. The convictions and sentences of the appellant are maintained.