JEEVAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 374 of the Cr.P.C against judgment and order dated 30.4.2007 passed in S.T. No.189/2006 by Second Additional Sessions Judge, Mhow District Indore; whereby, the learned trial Court has convicted the appellant under Section 302 of the IPC and has awarded life imprisonment and fine of Rs.5,000/- with default stipulation (RI of 2 years) for causing death of his wife BhoolaBai.

(2.) The prosecution case in brief is that the appellant was residing at Village Rau along with wife deceased Bhoolabai, son Sanjay and three daughters. On 21.3.2006, he along with his wife and children had gone to see his mother Thagubai, who was residing alone in village Chapariya. To look after Thagubai, her grand daughter Krishna (daughter of daughter) use to sleep with he grandma (Thagubai). The deceased use to call her husband (appellant) in the name of their son Sanjay and use to call her mother-in-law as 'Jiji'. On 21.3.2006, before arrival of Jeevan Singh and his family, Thagubai and Krishna had finished their dinner Therefore, Bhoolabai cooked food and asked her son Sanjay to call his father Jeevan to have food. Sanjay called his father, but he kicked him and also started beating Bhoolabai. He suddenly took out leg of cot (Khatiya ka paya) and gave a blow on her temple region. She screamed. On hearing her screams, neighbour Ratan bai rushed and tried to rescue her, but the appellant pushed her, therefore, she left the place At that time, Jeevan also throttled her till death. The appellant left the place along with his son Sanjay and had gone to Nahragodha by foot. He asked his son not to reveal the incident to anyone.

(3.) In the next morning, Thagubai noticed the dead body of Bhoolabai. She asked Krishna to intimate father of the deceased Sakharam. Krishna also saw the dead body and called and intimated Sakharam in village Nandgao about the incident. Sakharam asked his brother Shriram to go and see as to what had happened. Shriram came to village Chapariya, saw the deceased and intimated to the Police. Merg Ex.P/3 and thereafter FIR Ex.P/2 bearing crime No.94/2006 were registered at the police station.