RAMDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 06.01.2009 passed by Additional Sessions Judge, Picchore District Shivpuri in S.T. No.251/2008, by which the appellant has been convicted under Section 302 of IPC and has been sentenced to undergo life imprisonment with a fine of Rs.100/- with default imprisonment of rigorous imprisonment of six months.

(2.) According to the prosecution case, on 07.08.2008 at about 04:00 AM, complainant Murarilal Khangar, Chowkidar along with Devendra, minor son of the appellant lodged a report that at about 04:00 AM, when he woke up to answer the call of nature, he heard the screaming of Jashoda Bai. When he reached there, he found that the appellant was assaulting his wife by means of an axe and she was screaming and Devendra, son of the appellant was crying. Hemraj, Ramesh and Dro Bai also reached on the spot. After noticing that the witnesses have come, the appellant ran away along with the axe. They also tried to chase him, but they could not apprehend him. It was also alleged that the deceased Jashoda Bai has expired on the spot itself. The police prepared the spot map. Naksha Panchnama was prepared. The dead body was sent for postmortem. Blood stained earth and plain earth was seized from the spot. The appellant was arrested on 07.08.2008 itself at 03:00 PM. The blood stained axe was seized from the possession of the appellant. Blood stained clothes of the appellant were also seized. After recording the statement of the witnesses, the police filed charge-sheet for offence under Section 302 of IPC.

(3.) The Trial Court by order dated 29.11.2008 framed the charge under Section 302 of IPC.