ISHWARLAL Vs. STATE OF MP

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 31/3/1989 passed by the Fourth Additional Sessions Judge, Bilaspur, in Sessions Trial No. 176/1989, whereby and whereunder learned Fourth Additional Sessions Judge after holding the appellants guilty for commission of culpable homicidal death amounting to murder of Nirmala in sharing common intention, convicted under Section 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay fine of Rs. 2000.00, in default of payment of fine to further undergo rigorous imprisonment for two years, respectively.

(2.) Judgment is impugned on the ground that without there being any iota of evidence of commission of murder, the Fourth Additional Sessions Judge has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(3.) Case of the prosecution, in brief, is that on the fateful day of 4/2/1989 at about 4 p.m. at Dabripara Nagoi, Police Station Sarkanda; District Bilaspur, Nirmala, wife of appellant Ishwar was present in the house of the appellants, she was pregnant. Appellant No. 2 used to quarrel with the deceased. Dead body of the deceased was found in the house of the appellants. The appellants intimated the persons including maternal relatives of the deceased that the deceased has committed suicide in their house by hanging. Cheddilal intimated merg to the police vide Ex. P/14. Investigating Officer proceeded for the scene of occurrence and after summoning the witnesses vide Ex. P/1, inquest over the body of deceased Nirmala lying in the floor was prepared vide Ex. P/2. One rope was seized from appellant Ishwar vide Ex. P/3. Dead body of the deceased was sent for autopsy to District Hospital, Bilaspur. Autopsy was conducted by Dr. Jawaharlal Shrivastava (P.W. 12) vide Ex. P/9 and found following symptoms and injuries.