SURESH KUMAR BALMIK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.4.2012 passed in Sessions Trial No. 203/2010 by Special Sessions Judge, Bhopal.

(2.) Prosecution story reveals that on 26.12.2009 the Appellant brought his deceased wife Padma to Hamidia Hospital, Bhopal. Dr. Amit Nayeek (P.W. 16), Chief Medical Officer on duty attended the deceased and prepared Pre- MLC Report (Ex. P/21). The body was kept in Mortuary. Information was sent to Police Station Bairagarh, which was received by G.R. Patil, Head Constable (P.W. 11). Merg was registered vide No. 53/2009 (Ex. P/16). Statement of Dhruv, son of deceased was taken in presence of two witnesses, viz., Ramesh and Mohd. Ishaque by Shashikant Shukla (P.W. 13), S.D.O.P Bairagarh on 26.12.2009 vide Merg No. 13/2009. Panchnama (Ex. P/18) was prepared. In Merg Inquiry after recording the statement of Anil (P.W-5), Smt. Durgabai (P.W-7), Sonu (P.W.-4) and Naresh (P.W. 5) and on post mortem report, Shashikant Shukla S.D.O.P (P.W. 13) found that the cause of death of Padma was due to ante mortem injuries said to be caused by the accused persons, viz., Suresh Kumar, husband of the deceased and Sunil Kumar, Anil Kumar and Radhabai brothers and mother of Suresh Kumar. Accordingly. F.I.R (Ex. P/19) was registered vide Crime No. 436/2009 for offences under Sections 498 A, 302 I.P.C against the accused persons who were arrested. During investigation statement of Santosh (P.W.-1), Ramesh (P.W. 3), Sonu (P.W. 4), Anil (P.W. 5), Naresh (P.W. 5), Bhagwandas (P.W. 8) were recorded under Section 161 Cr.P.C. respectively on 27.12.2009, vide Ex. P/1, P/4, P/5, P/7 and P/8. On memorandum statement of the present appellant, i.e., Suresh Kumar, a wooden stick (Danda) said to be used for commission of offence was discovered and along with other articles such as blood stained plastic box, blood stained plain earth, Jafrani box, blood stained half shirt of deceased's son Dhruv, deceased's clothes were sent for forensic science report on 11.3.2010 (Ex. P/20). The Post Mortem report (Ex. P/22) revealed following injuries on the body of deceased.

(3.) The cause of death as opined by Dr. (Smt.) Kelu Geerwal (P.W. 17) was due to shock and hemorrhage as a result of multiple injuries to the body caused by hard and blunt and heavy object which were self sufficient to cause death in ordinary course of nature. The death was opined to be homicidal and the duration of death was within 24 hours since Post Mortem, i.e., 26.12.2009.