RAMU ALIAS RAMHIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE judgment in this appeal shall also govern Criminal Reference No. 12 of 1970.

(2.) THE accused-appellant Ramu alias Ramhit has been convicted by the sessions Judge, Hoshangabad, under section 302 of the Indian Penal Code for having committed the murder of his wife Suman alias Sumitra by striking her with an axe at about 5 00 a. m. on the 17th June, 1970 at village Khama-Padwa, police station Harda and sentenced to death. He has, therefore, come up in appeal against his conviction and sentence. The Sessions Judge, hoshangabad has also referred this case to this Court for confirmation of the sentence of death passed by him.

(3.) THE prosecution case is that the accused who is son of one Tarya was living with Tarya, Tarya's wife Chandu and his own wife Sumitra in a portion of a house at village Khama-Padwa. In the other portion of the same house, the two brothers of Tarya resided. On the 16th of June. 1970 Tarya had gone to Lilahidya, a village nearby. Consequently on the night of the incident only three persons were in the house namely the accused Ramu, his deceased wife sumitra and Tarva's wife Chandu, who was both blind and deaf In the early hours of the morning of the 1 7th June, 1970 some noise was coming from the house of the accused. Jageshwar P. W. 2), who lived in another portion of the same house, went to the spot to find out as to what the matter was, and found that the wife of the accused was lying on her cot with axe injuries on her person. She was already dead. The accused was standing there and trying to run away. He then shouted that Ramu was running away. Later with the help of Kachrva and Mangilal he tied the accused with a rope and chain and reported the matter to Ranchod Kotwar (P. W. 1 ). The first information report (Ex P-1) was lodged by Ranchod Kotwar (P. W. 1) at police station Harda, the same day at about 10:33 a m. In this report he stated that the accused Ramu has killed his wife with an axe at about 5. 00 or 6 00 a. m. in the morning During the investigation the dead body of Mst. Sumitra was sent for post mortem examination which was performed by Dr. M. P. Tiwari (P. W. 8 ). He found six incised wounds on her person. All the wounds were ante mortem. In the opinion of the doctor the cause of the death was shock and haemorrhage and injury to vital organs.