KODULAL ALIAS LAXMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and order of sentence passed by Sessions Judge, Damoh in S.T.No.112/99, decided on 29.09.2000.

(2.) Appellant has been convicted under Section 302 of IPC for committing murder of his wife Meera @ Mayarani and sentenced to imprisonment for life with fine of Rs.300/-, in default rigorous imprisonment for three months, by the impugned judgment.

(3.) According to prosecution, on 4.11.98 about 10 'O'clock in the morning at village Umrav, appellant was cutting black plum tree standing in front of his house, which was objected to by his wife Meera @ Mayarani (hereinafter referred to as the 'deceased'). This enraged the appellant and he threatened his wife that he would cut and kill her. Thereafter appellant walked away towards the village and asked his wife to cook food, as he wanted to go to Bandakpur. When Meera @ Mayarani was cooking food inside her dwelling hut, appellant came there, began taking meals and asked for water from his daughter Bhaggobai. The girl, took sometime in giving water, appellant gave her beating with small stick and then went inside and assaulted his wife Meera @ Mayarani by a wooden pestle (ewlj) on her head. As a result, her head got ruptured and she fell down. Appellant then came out and fled away. Bhaggobai, the daughter of deceased, who witnessed the incident, started weeping and screaming. On hearing her screams, her two sisters, who had gone to the field, and other villagers came there and found Meera @ Mayarani lying injured and dead.