RAM BHAGAT Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal under Section 374 (2) of the Cr.P.C. is directed against the judgment of conviction and order of sentence dated 19-4-1994 passed in S.T. No.107/92 whereby learned 2nd Additional Sessions Judge, Durg after holding the appellant guilty of murder for causing death of his wife Shakun Bai, has convicted him under Section 302 of the IPC and sentenced him to life imprisonment.

(2.) Case of the prosecution, in brief, as reflected from the report lodged by the appellant himself, is that he kept Shakun Bai as his wife and resided with her in a house situated at Barbaspur. The appellant sold his house and kitchen garden to one Kishan Gond. In the meanwhile, his wife had gone to Rajnandgaon to her parents. After a week she returned Barbaspur and started residing in the same house after breaking open the lock. When the appellant learned about this from Kishan Gond, he returned from Gunderdehi and persuaded her and on her refusal, he picked up a quarrel with her. Shakun Bai resided with her daughter Manju and son Sunil Kumar in the same house. She frequently visited her maternal uncle at Rajnandgaon against the advise of the appellant. On 4-6- 1991, he came to Barbaspur with his wife and children and tried to convince her to live with him, however, she insisted to go to Rajnandgaon, as a result on the date of the incident, he committed her murder and at that time, her daughter Manju was present. She was weeping and was stopping him. After committing her murder, he bolted the house from outside and went to lodge the report with both the children.

(3.) After registering crime, the police proceeded for the scene of occurrence. After preparing inquest (Ex.-P/12) over the person of the deceased, her dead body was sent for autopsy to Government Hospital, Gunderdehi where Dr. C.B. Gupta conducted postmortem and gave his report vide Ex.-P/8. On the basis of memorandum Ex.-P/3 of the appellant, weapon of offence lathi was taken into possession from the appellant vide Ex.-P/4.