JHABAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 13th June, 1997, passed by learned Sessions Judge, West Nimar, Mandleshwar in Sessions Trial No. 178/1996, whereby convicted the appellant for commission of murder of his wife, sentenced to R. I. for life.

(2.) IN nutshell, the prosecution case was that deceased Ayodhyabai was married before 10-12 years according to their village custom called Natra. In that (evening sic.) the appellant was beating his wife, deceased Ayodhyabai, who was running here and there to save her. But nobody rescued her because of fear of the appellant. Thereafter he had given electric current by live electric wire on several parts of the body resulting into her death and thrown dead body in the morning at 4. 00 a. m. of 26. 9. 1995 outside his house and after putting the lock outside the door of his house, he went away. The incident was witnessed by mother of the deceased Gendabai (P. W. 2) who was residing in adjacent to the house of the appellant. She narrated the whole incident to her husband Bahadur (P. W. 3) and also to his son Motiya (P. W. 1 ). Motiya (P. W. 1) went to the Police Station on 26. 9. 1995 lodged the F. I. R. at 11. 30 a. m. The distance of the police station as shown in the F. I. R. is 13 kilometres. On this report, G. S. Bhanwar (P. W. 9) reached in the village, prepared inquest of the dead body, map of the spot and sent the dead body for post-mortem. Post-mortem was performed by Dr. M. Sharma (P. W. 5 ). His report is Ex. P. 4, who found as many as nine burn injuries right from the face upto thigh on different different places. According to him, mode of death was cardiac arrest because of electric injuries i. e. , electrocution. He arrested the appellant on 30. 9. 1995 and also seized about 14 ft. long electric wire. After doing necessary investigation, he has filed the charge-sheet. The appellant has denied the charges and according to him, because of death of her two sons by drowning, she was generally weeping and consuming liquor. The learned Trial Court, after examining the prosecution and defence witnesses and after hearing both the parties, convicted the appellant as mentioned above. Therefore, this appeal.

(3.) WE have heard Mr. C. B. Patne, learned Counsel for appellant and Mr. G. Desai, learned Dy. A. G. for state and also perused the record.