ASHAN KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant who stands convicted under Sec. 306 Indian Penal Code and sentenced to undergo ten years' rigorous imprisonment and to pay a fine of Rs. 1,000.00, providing that in case of default in deposit of fine he has to undergo six months' simple imprisonment, has now come up in appeal praying for the setting aside of the impugned order and for his acquittal.

(2.) I have heard the Counsel for the appellant as well as the learned Government. Advocate representing the State and have carefully perused the record.

(3.) The appellant had been married with Shahnaz Bano @ Seeina. Seema was found dead on 25-4-1992 in her room which was locked from inside. She was aged about 19 years at that time while the present appellant was aged 24 years. The First Information Report was recorded on 25-4-1992 at about 17.15 hours in which the time of incident was disclosed to be 2.00 O'clock in the afternoon. After recovery of the dead body of Seema it was sent for postmortem. In the post modern done on 26-4-1992 no external injury was found visible over the body. However, one ligature mark over upper part of the neck which was dark- brown in colour was detected. The ligature mark was over the neck except over right angle of jaw. Its direction was left to right upwards which was just above the hyoid bone and was of the width of one cm.