VIKRAM AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by judgment of conviction and sentence dtd. 21/9/2011 passed in Sessions Trial No.86 of 2011 by Sessions Judge, Vidisha (MP) convicting sole appellant Vikram Ahirwar for commission of offence under Sec. 302 of IPC and sentencing him to undergo life imprisonment with fine of Rs.1,000.00 with default stipulation, present appeal is preferred under Sec. 374(2) of CrPC.

(2.) Prosecution case, in brief, is that complainant Gubre Ahirwar (PW6) lodged an FIR on 19/11/2010 alleging therein that his daughter was married with appellant- accused Vikram Ahirwar since eight years ago. After marriage, his son-in-law appellant-accused and daughter used to reside with him. His son-in-law doubted on the character of his daughter due to which, he used to harass her and on the date of incident, at 09:00 O'clock, his son-in-law appellant Vikram took his daughter Ramkali to perform offerings at Jhapret Baba. At near about 11:00 O'clock, he reached Jhapret Ghat and kept articles near the Temple but his daughter Ramkali and son-in-law appellant accused Vikram did not found there. Thereafter, he searched here and there and at the bank of river near to the bushes, appellant-accused Vikram was seen killing his daughter and thereafter, he rushed towards the place from where on seeing him, accused appellant Vikram fled away towards Kethora. When he reached near his daughter Ramkali, he found that blood was oozing out from her head and face and grievous injuries were on the head and face of her daughter and found that his daughter is already dead. It is alleged that accused appellant Vikram has committed murder of his daughter Ramkali of smashing stone and corpse of his daughter was lying near the bank of the river. On the basis of merg intimation Ex. P13, given by the complainant, a crime bearing FIR at Crime No.389 of 2010 was registered against the appellant-accused vide Ex.P14 at Police Station Kurwai, District Vidisha. Thereafter, the dead body of the deceased was sent for postmortem to Community Health Centre, Kurwai. Matter was investigated and accused was arrested. The incriminating articles were seized from the spot vide seizure memo Ex. P10. Statements of the witnesses were recored. The seized articles were sent to FSL, Sagar for examination and the report is Ex.P18. After completion of other formalities, a charge sheet was filed before the Court of JMFC, Kurwai, from where the case was committed to the Sessions Court. The statement of the accused was recorded under Sec. 313 of CrPC and the appellant-accused pleaded that he has been falsely implicated in the case. In support of his defence, the appellant did not examine any witness. The prosecution in support of its case, has examined as many as seven witnesses.

(3.) The trial Court after appreciating the entire evidence led by the prosecution and relying on the same, found charge against appellant as proved and accordingly, convicted and sentenced him for the offence as mentioned above in paragraph 1 of this judgment.