MAJBOOT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure 1973 by the accused/appellant has been preferred against a Judgment dated 5th December 2006 in S.T. No. 259/06 by the Second Additional Sessions Judge Ashoknager (Guna) convicting thereby him for commission of offence punishable under Section 302 of I.P.C. and sentencing to undergo imprisonment for life with a fine of Rs. 2,000/ -(Rs. Two thousand only).

(2.) IN short, the facts just necessary for the decision of this appeal are that on 2nd June 06, at about 12 in the noon, Smt. Seema, wife of accused Majboot Singh started going to attend her duty towards the way of Collectorate at Ashoknagar. When she reached near cremation -ground at Aron road, accused Majboot Singh met her. He compelled her to compromise in the matter of maintenance pending against him before the criminal court. When she refused to accede his request, the accused attacked her with an Axe and caused severe injuries on neck, left shoulder, face just below ear, consequence of which, she died on the spot. The incident was visualized by a Tahsildar, Revenue Inspector and Patwari, who were passing nearby the place in a jeep. At that time, Mahendra Kumar, brother of the deceased was also returning back from market to his house. It is alleged by him that his sister Smt. Seeema was married to accused Majboot Singh, prior to fourteen years ago and on account of matrimonial disputes between the couple, a criminal case was pending before the Court against the accused. Immediately after the incident, he lodged the F.I.R. at Police Station Ashoknagar whereupon a Crime No. 280/06 was registered against the accused commission of offence under Section 302 of I.P.C. After due investigation, the charge -sheet was filed before the Court. The learned trial Judge after recording the evidence and hearing both the sides, found the appellant guilty for the alleged offence and sentenced him accordingly, hence, this appeal.

(3.) ON the other hand, learned Public Prosecutor representing the State, contended that the report of the incident was lodged by the eye -witness Mahendra Kumar Rajak (PW -1), brother of the deceased without any loss of time, who was also present on the spot. It is further stated that during investigation, the statements of eye -witness Mahendra Kumar (PW -1), R.K. Sharma, Tahsildar, Mansukh Bamania (PW -4) Patwari, Ramesh Sharma (PW -7), Patwari and Raghuveer Singh (PW -5) Revenue Inspector, who were chance witnesses were recorded and accused was also arrested on the day of incident. On 3rd June 06, the next day of incident, the weapon of crime and blood stained cloths were seized. Learned P.P. submits that the ocular evidence coupled with medical and other evidences fully supported the prosecution version and the guilt of the accused is well established beyond reasonable doubts. Hence, he prayed that by maintaining the conviction and sentence of the appellant, the appeal be dismissed.