HABU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Subodh Abhyankar, J, 1. This appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (herein after referred to as the Code) has been filed by the appellant being aggrieved of the impugned judgment dtd. 3/8/2012, passed by the learned Additional Judge to the Court of 2nd Additional Sessions Judge (Fast Track), Kukshi, District Dhar (MP) in Sessions Trial No.230/2011, whereby the learned Judge of the trail court while finding the appellant guilty under Sec. 376 and 302 of IPC has convicted and sentenced him, as mentioned herein below: - <FRM>JUDGEMENT_57_LAWS(MPH)8_2022_1.html</FRM>

(2.) In brief, the facts giving rise to the present appeal are that on 17/1/2011, at around 10.15 AM, the complainant PW-1 Mahendra lodged a report that he is a resident of Gram Susari and is an agriculturist and in his field, in the morning at around 09:00 O"clock, he has found a dead body of an identified woman lying in his field. He has also found that the deceased (herein after referred to as R) had also suffered certain injuries on various parts of her body. Thus, a Marg Intimation at Number 08/2011 was registered under Sec. 174 of the Code and the investigation ensued.

(3.) From the place of occurrence, certain broken bangles and a blood stained stone was also found. It was also found that the deceased R was undressed and her blouse was above her breasts and her petticoat was above her waist. Her underwear was also lying on her body and her head was smashed with a stone. In her vagina, certain white liquid matter was also visible.