(1.) This appeal arises out of the judgment of conviction and order of sentence dated 19.01.2012 passed by the Additional Sessions Judge, Gariyaband, in S.T. No.27/2011 convicting the accused/appellant under Section 302 IPC & and sentencing him to undergo imprisonment for life with fine of Rs. 500/-, in default of payment of fine amount to further undergo R.I. for 10 days.
(2.) In the present case name of the deceased is Kesar Bai, wife of the accused/appellant. It is alleged that the accused/appellant used to suspect fidelity of his wife Kesar Bai and in the night intervening 11-12/02/2011, he committed her murder by causing several injuries on her head by iron rod. On 102011 at 7:15 AM, at the instance of Bhuwaneshwar Sinha (PW/6), brother of the deceased, merg intimation (Ex.P/7) was recorded followed by FIR (Ex.P/6) against the accused/appellant under Section 302 IPC. On 102011, inquest on the body of deceased was conducted vide Ex.P/8 and dead body was sent for postmortem examination to Govt. Hospital, Fingeshwar, where Dr. P. Kudesiya (PW/16) conducted postmortem on the body of deceased and gave his report (Ex.P/17) noticing following injuries:-
(3.) On 12.02.2011, memorandum of the accused/appellant was recorded vide Ex.P/24, based on which, one iron rod and clothes of accused/appellant and deceased were seized vide Ex.P/25, however, there is no FSL report on record.