TIKAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the judgment dtd. 2/12/2011 passed by Sessions Judge, Vidisha in ST No.102/2011, by which the appellant has been convicted under Sec. 302 of IPC and has been sentenced to undergo the life imprisonment and a fine of Rs.2,000.00, in default one year rigorous imprisonment.

(2.) The necessary facts for disposal of the present appeal in short are that an information was sent from District Hospital Vidisha that Savitribai W/o Tikaram Pal (appellant) has been brought in a dead condition and her dead body has been kept in mortuary. Accordingly, marg intimation was recorded. Lash Panchnama of the dead body was prepared. Requisition for postmortem was given and as per the postmortem report, the deceased had died due to coma, as a result of head injury as well as injuries to vital organs including brain. The spot map was prepared. The appellant was arrested. His memorandum was recorded and on his disclosure, a wooden pillar (Lakdi Ka Khambha) was seized. The statements of the witnesses were recorded. Seized articles were sent for forensic examination. The police after concluding the investigation, filed the charge-sheet for offence under Sec. 302 of IPC.

(3.) The Trial Court by order dtd. 16/6/2011 framed charge under Sec. 302 of IPC.