ARUN Vs. STATE OF M.P.

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 30.11.2000 passed by learned Sessions Judge, Chhindwara in Sessions Trial No. 63/2000 convicting appellant under section 302 of Indian Penal Code and thereby sentencing him to suffer imprisonment for life, appellant has preferred this appeal.

(2.) Balwant Singh (P.W. 5), father of deceased Chhayabai on 15.12.1999 lodged a roznamcha report Ex. P/6 to the effect that his daughter Ku. Chhayabai deceased who was a student of Class 7th informed him that appellant used to tease her and utter filthy words intending to outrage her modesty and when he went to appellant, he abused him. In the next date i.e. 16.12.1999 at about 17.00 hrs. when Ku. Chhayabai was playing with her friends Namrata and Seema, appellant came there armed with a knife and assaulted many blows on her chest, stomach, thigh etc., she fell down on the ground and succumbed to injuries. Aforesaid incident was seen by independent witnesses Prakash (P.W. 2) and Gangibat (P.W. 3) Just after an hour of the incident named FIR Ex. P/1 was lodged against the appellant by Smt. Anitabai (P.W. 1) bhabhi of deceased in Police Station, Mohkhed written by Rajkumar (P.W. 7), P.S.O. on 17.12.1999 Ex P/2 Naksha Panchnama was prepared and from the spot as per seizure memo Ex. P/3, Ex. P/4 and Ex. P/5 a knife was recovered. Dead body of Chhayabai was sent for post-mortem. Dr. Ramgopal (P.W. 6). Medical Officer, community health centre, Mohkhed performed post-mortem and submitted Ex. P/7 post-mortem report and opined that the cause of death was due to shock. haemorrhage and death occurred during 24 hrs. and it was homicidal in nature. During investigation sealed knife and other articles recovered from the spot were sent to FSL, Sagar and Ex. P/ 12 report was received from there. Completing the investigation the appellant was charge sheeted under section 302 of Indian Penal Code

(3.) The appellant abjured the guilt.