SIROMAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of Cr.P.C. is preferred by the accused/appellant being aggrieved by the judgment dtd. 18/11/1998 passed by Second Additional Sessions Judge, Tikamgarh, in S.T. No. 123/1997 (State of MP Vs. Siromansingh). By the impugned judgment, the trial Judge convicted the appellant for commission of offence under Sec. 307 of IPC and sentenced to undergo R.I. for seven years with fine of Rs.200.00, in default of payment of fine he shall further undergo simple imprisonment for one month.

(2.) The prosecution case in brief is that on 25/6/1997, Ram Payari aged about 22 years wife of appellant/ accused Siroman Kushwaha, R/o Village Simtari Kachhi Mohalla, Police Station- Bhander, District-Gwalior lodged an FIR in Police Station-Orchha stating that Siroman Kushwaha is her husband, today he brought her to Orchha for Darshan of Raja Ram temple. Between 11 A.M. to 12 O'clock of day, her husband took her at a secluded place near monuments situated on bank of Betwa River. He tried to press her neck by tying towel and hit a stone on her forehead. She sustained injuries on her left eyebrow and forehead. Blood is oozing from her forehead and nose. She tried to scream but became unconscious. Her husband Siroman Singh with an intention to kill her has caused injuries to her and has fled away by leaving her. At around 4:00 p.m. after regaining consciousness, when she was sitting on the stairs of monuments, other persons saw her and informed the police. FIR (Ex. P-3) was registered at FIR No. 79/1997 of Police Station Orchha for commission of offence under Sec. 307 of IPC by Police Inspector J.P. Uike (PW-4). She was sent for medical examination to Medical College Jhansi. Dr. Prem Bihari Manocha (PW-5) examined her and found two lacerated wounds on her forehead, one contusion over nose and one over lips and prepared MLC report Ex. P-13. After investigation, Police Orchha filed charge sheet against accused Siroman Singh before the Magistrate First Class, Orchha. Learned JMFC in its turn committed case to the Court of Session, which was transferred to Second Additional Session Judge, Tikamgarh for trial.

(3.) Appellant/accused abjured his guilt and claimed to be tried.