DEVISINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 13th April, 1998 rendered in Sessions Trial No. 31/98 by the learned Additional Sessions Judge, West Nimar, Sendhwa, thereby finding the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code, convicted and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000/ -. In default of payment of fine the appellant is directed to suffer R. I. for one year.

(2.) THE brief history of the prosecution case is that on 22-11-97 at about 3. 00 P. M. in Village Mandvi, the appellant assaulted his wife Junabai by axe on a money dispute. She was completely beheaded. At that time she was carrying pregnancy. The incident was witnessed by the mother of the appellant namely Jaidabai (P. W. 1 ). In the noon at about 3. 00 P. M. she overheard the shouts of appellant Devisingh and his wife Junabai. She woke up and reached over there and saw that appellant was assaulting Junabai by an axe. The head of the deceased was completely severed. She immediately rushed to call her another son Kalsingh. First Information Report (Ex. P-1) was lodged by (P. W. 2) Kalsingh. On this information, the police stepped into investigation and sent the dead body for post-mortem examination to the hospital where Dr. Durgasingh Chauhan (P. W. 6) conducted the autopsy on the dead body of Junabai and issued post-mortem report (Ex. P-12 ). According to the doctor, Junabai died because of shock and heamorrhage as a result of the injury and the death was homicidal. The head of the deceased was separated from the body from the joint of mandible. Internal part of brain was visible. There was communicated fracture of parietal and occipital bone. According to him, the injury was caused by sharp edged weapon, and the deceased was carrying pregnancy of seven months. The appellant was arrested on 25-11-97. After the investigation, charge-sheet was filed against the appellant.

(3.) IN his examination under Section 313 of the Code of Criminal Procedure, in answer to the last question, the appellant stated that he was mentally imbalanced at that time and he did not know anything. After trial, the learned Addl. Sessions Judge finding the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code, convicted and sentenced him as indicated hereinabove. Hence this appeal by the appellant through jail.