MEGHRAJ Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order dated 30th April, 2012 passed by learned Sessions Judge, Gondia, in Sessions Trial No. 95 of 2010, convicting and sentencing the Appellant -accused for the offences punishable under Sections:

(2.) Briefly stated, the prosecution case is that Mona alias Madhu was the daughter of Rekhabai Parihar, resident of Koradi, Distt. Nagpur, whose marriage was performed with the appellant -accused three years before the incident. One year after the marriage, Mona conceived, but the appellant -accused was pestering her to terminate the pregnancy and Mona refused to do so. The appellant had threatened to kill her and a report to that effect was lodged with a Police Station at Nagpur. The appellant had given an undertaking to Police Station not to trouble her. After settlement of dispute accordingly, Mona and appellant -accused went to cohabit at Tedwa. In April, 2010, Mona delivered a female child and that time Rekhabai had gone to see her. Lateron, Mona and accused visited Nagpur. Accused informed Rekhabai that he would have a residence at Nagpur. In the meanwhile, Mona stayed at her mother's place. Thereafter, Mona went back to the house of the accused at Tedwa. On 26th August, 2010, when deceased Mona had gone to Tedwa, Rekhabai received an information from the police that Mona was murdered at Tedwa and hence she went to Tedwa and thereafter to Govt. Hospital at Gondia where she took custody of the dead body of Mona.

(3.) The case of the prosecution is that on 28th August, 2010, Devlal Matre gave telephonic information to Police Outpost at Kati in the morning that a murder was committed at the house of the accused. Police party rushed to Tedwa and visited the house of the accused, which was locked and, therefore, they made search for the accused, traced him out and brought him to his house. When the house was unlocked, a dead body in a gunny bag was found inside the house, the gunny bag was stained with blood, blood -stained axe with hairs on its blade, and pieces of bangles lying in the room. Injuries were seen on head and neck of the deceased. A white colour Barmuda pant and a shirt, which had blood stains, were seen on the floor. The Investigating Officer recorded Panchanama and seized the articles. The accused was arrested and was sent for medical examination. DNA test was carried out after taking the blood sample of the accused and it was found in the DNA test that the girl child born to Mona was of the appellant. Trial was held. Learned Trial Court held the appellant guilty of the offence of murder and hence convicted and sentenced him. Hence this appeal.