TUNNU@RAJESH KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 30.06.2004 passed by Third Additional Sessions Judge (Fast Track) Court Betul (M.P.) in S.T. No. 261/2003, convicting the appellant under Section 302 of IPC for committing murder of his wife Rataibai (since deceased) and sentencing him to imprisonment for life.

(2.) FACTS of the case, in short, are that deceased along with her husband, the appellant and two children had been living in adjoining portion of the house of her brother Shankar (PW- 1) since about 7 years: Appellant was in habit of making quarrels with the deceased, doubting her character and loyalty. On 3.9.2003 also appellant reached his house at 11:00 p.m. and quarrelled with the deceased saying she goes anywhere without taking him in confidence. In morning at about 8:00 a.m. blood stained body of deceased was found in the house. Appellant fled from the place. Ajay aged 4 years, minor son of the appellant and the deceased, stated to the persons assembled there that appellant demanded money from the deceased and assaulted her with a burning wood.

(3.) AFTER completing the investigation, police Jhallar, District-Betul submitted a charge sheet against the appellant in the Court of concerned magistrate. Case was committed to the Court of Sessions for trial. Trial Court framed charge under Section 302 of IPC. Appellant abjured guilt and pleaded that he has been implicated in the matter.