SAHDEO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Additional Sessions Judge, Mahendragarh vide his judgment dated 15/2/1988 passed in Sessions Trial No. 126/87 convicted accused Sahdeo under section 302, I.P.C. alleged against him and sentenced him to life imprisonment and a fine of Rs. 50/-, in default, further RI. for two months from the same. It is being aggrieved by it that the said accused has filed the present appeal against his conviction and sentence.

(2.) Having heard the learned counsel for the parties, and perused the record of the Session Trial, we are of the opinion that in view of the evidence produced in the case the conviction of the accused appellant for offence u/s 302, I.P.C. by the learned Additional Sessions Judge is on the face of it perverse and cannot be sustained.

(3.) It is significant to note that the case diary statement of P.W. 2 Lakhanram (Ex. D2) had been recorded by the police after about ten days of the incident. In the circumstances, his evidence in the Court carried little credence. Even otherwise, even if the evidence of the said witness was accepted in totality, so also other evidence produced on behalf of the prosecution on the particular point was taken into account, the only fact which was established from the said evidence was that being annoyed with his wife deceased Teharobai over a small and petty matter, the accused-appellant had beaten her with fists and blows. In the said connection, it is significant to note that it was after an hour or so of the said incident that deceased Teharobai complained of pain in her abdomen and died after some time.