KOMAL TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal u/S 374(2) of CrPC against the judgment dtd. 03/11/2010 passed by First Additional Sessions Judge, Datia (MP) in Sessions Trial No.33 of 2007 whereby the appellant has been convicted u/S 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.10,000.00, u/S 376 of IPC sentenced to undergo Ten Years' Rigorous Imprisonment with fine of Rs.5,000.00 and u/S 201 of IPC, sentenced to undergo seven years' Rigorous Imprisonment with fine of Rs.5,000.00 with default stipulations.

(2.) In brief, the prosecution case is that on 19/7/2006, at about 11:00 in the night at Police Station Chirula, District Datia, a merg intimation (Ex.P28) was recorded mentioning therein that on 19/7/2006 at about 08:00 in the night the prosecutrix (x) daughter of the appellant accused had gone for attending the call of nature and after half an hour, the appellant accused saw that his daughter (x) is lying dead and thereafter, he informed about the incident to the locality and on the basis of said merg intimation, police conducted an enquiry. PW12 Janved Singh Rathor reduced in writing the aforesaid merg intimation report (Ex.P28) on the basis of which Safina Form (Ex.P11) for preparation of memo of corpse of deceased was issued. Memo of corpse (Ex.P12) was prepared by M.S. Saxena, Crime Details (Spot Map) Ex.P.29 was prepared, postmortem of the deceased was conducted at District Hospital Datia on 20/7/2006 at about 11:00 am by Dr.G.L.Verma (PW8) vide Ex.P16, seizure memo of the seized articles was prepared vide Ex.P13, the accused-appellant was arrested on 29/11/2006 by Sunil Sharma (PW9) vide arrest memo Ex.P1. Shri Saxena, who had conducted inquest of the deceased- prosecutrix (X) died during investigation in respect of whom, the statement of Janved Singh Rathor (PW12) was also recorded. In furtherance of investigation, after recording of statements of witnesses and other formalities, police filed a charge sheet u/S 302 of IPC before the Court.

(3.) It is needless to emphasize that the statement of appellant- accused was recorded u/S 313 of CrPC. The appellant- accused abjured his guilt and in his defence, he did not choose to examine any witness. In order to prove charges, Prosecution examined as many as 13 witnesses. The Trial Court, after evaluating the evidence on record, has convicted and sentenced the appellant accused for the aforesaid offences, as indicated in Para 1 of this judgment.