PAPPU ALIAS KAMOD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and order of sentence passed by Second Additional Sessions Judge, Raisen in S.T. No. 226/99, decided on 22-8-2000.

(2.) Appellant has been convicted under Section 302 of IPC for committing murder of his wife Tarabai and sentenced to imprisonment for life with fine of Rs. 2000/-, in default further Rigorous Imprisonment for six months, by the impugned judgment.

(3.) According to prosecution, in the month of October, 1999, appellant Pappu @ Kamod and his wife Tarabai (hereinafter referred to as 'deceased') had visited the place of their brother-in-law Radheyshyam at Village Premtalab. On 5-10-99 Radheyshyam had gone to pluck water-chestnuts from the lake and his wife had gone to sell water-chestnuts; appellant and his wife Tarabai were alone at home. At 11 o'clock in the morning when Radheyshyam came to his house to drink water, he saw appellant running away from the house. Radheyshyam asked him as to what had happened, but he did not reply back. Radheyshyam then went inside and found that his sister-in-law Tarabai was lying injured on the ground bleeding from the left side of her head. On being asked, Tarabai informed him that appellant had assaulted her by spade on her head and fled away. Radheyshyam went in search of the appellant, but he could not be traced. Tarabai was then taken to the Primary Health Centre, Obedullaganj in unconscious state. The FIR of the incident was lodged by Radheyshyam at Police Station Noorganj, on the basis of which an offence was registered against the appellant and was investigated. Tarabai having received serious injuries was referred to Hamidia Hospital, Bhopal, where she succumbed to her injuries. The intimation of her death was sent to the Police by the Hospital Authorities, whereupon the merg intimation was recorded and merg inquest was made. The dead body of deceased Tarabai was sent for postmortem examination. During investigation, the spade used in the commission of offence was seized from the spot. Blood stained earth, plain earth and blood stained clothes of the deceased as well as that of appellant were seized and sent for forensic examination. After due investigation, appellant was prosecuted under Section 302 of IPC and was put to trial.