SOHANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and order of sentence passed by Sessions Judge, Bhopal in S.T.No.230/04, decided on 6.04.2005.

(2.) Appellant has been convicted under Section 302 of IPC and sentenced to imprisonment for life with fine of Rs.5000/-, in default further imprisonment for six months, by the impugned judgment.

(3.) As per prosecution case, Radhabai, the daughter of deceased Monabai (hereinafter referred to as 'deceased) was married to one Balram, a resident of Kainchi-Chhola, Bhopal. Appellant Sohanlal is the brother of Balram. Three days prior to the occurrence, Radhabai had given birth to a male child. On 6.6.04, her husband sent a telephonic message to the parents of Radhabai at Pushpanagar, Bhopal inviting them for feeding Radhabai on the 3rd day after her delivery. Thereupon deceased Monabai, the mother of Radhabai alongwith her younger daughter Kavita had gone to the place of Radhabai at Kainchi-Chhola, Bhopal at about 12 'O'clock in the noon. On the same day, her younger son Madan also came there to see his sister Radhabai and her new born son. Appellant Sohanlal had some unpleasant talks with Madan and also insulted him, whereupon Madan went back to his house, but appellant began talking rubbish with deceased Monabai and her daughter Radhabai; then Balram gave two-three kicks to his wife Radhabai. When deceased Monabai objected and said that he was assaulting his wife only three days after delivery, appellant Sohanlal intervened and picked up a knife and stabbed her in abdomen with the result Monabai fell unconscious. She was rushed to the hospital by Balram, but she succumbed to her injuries.