RATAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 31.12.2004, passed by Second Additional Sessions Judge, Mandla, in Sessions Trial No. 24/2004, convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 500/-. In default of payment of fine, further rigorous imprisonment for three months.

(2.) Briefly stated, facts of the prosecution case are that appellant and his wife Kulpat Bai resided in village Khiksatand. There was no population in the locality. House of Dhandhu Singh (PW1), brother of appellant was located at some distance from the house of appellant. Appellant and his wife both were addicted of consuming liquor. Under intoxication, they frequently used to indulge in quarrel. Appellant used to become aggressive and assault his wife. None used to intervene in their quarrel. It is alleged that in the night intervening between 7-8th January, 2004, there occurred a quarrel between appellant and his wife Kulpat Bai. Appellant assaulted Kulpat Bai by fists and kicks. As a result of injuries on her ribs, Kulpat Bai died. Next day morning, appellant ran away leaving dead body of Kulpat Bai in the house. In the morning, when Dashri Bai (PW2), sister of deceased went to the house of deceased and called her, she found her lying dead. She went back to her house and informed her husband Dhandhu Singh (PW1) and other people of village. Dhandhu Singh (PW1) went to Police Station, Motinala and reported about the death of Kulpat Bai. Police recorded merg intimation Ex. P/1.

(3.) Dead body of Kulpat Bai was sent to Community Health Centre, Bichhiya, where Dr. P.D. Sahu (PW4) conducted postmortem examination of the dead body. He found six injuries on the body of deceased. On internal examination of the body, he found that her ribs were fractured and lungs were ruptured. He also found alcoholic content in the abdomen. According to his report Ex. P/5, the death of Kulpat Bai could be homicidal or accidental.