SHIBBU @ SHIVCHARAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 (2) of the Code of Criminal Procedure 1973 has been preferred by the accused/appellant against a Judgment dated 14th July 2009 delivered in Sessions Trial No. 249/2008 by the Sessions Judge Guna (M.P.), convicting thereby the appellant for causing murder of his own wife, namely, Smt. Santobai, which is an offence punishable under Section 302 of I.P.C. and sentencing him to suffer imprisonment for life with a fine of Rs. 200/- and in default to undergo additional rigorous imprisonment of one month. The accused also stood guilty for causing disappearance of evidence by burning the body of deceased with an intention to screen himself from the legal punishment, which is an offence punishable under Section 201 of I.P.C. and sentenced to suffer four years' rigorous imprisonment with a fine of Rs. 500/-, in default of payment of which to serve one month's rigorous imprisonment, more. Fine amount of Rs. 700/- (Rs. Seven Hundred Only) was deposited in the trial court on the date of impugned judgment on 14th July 2009.

(2.) Briefly narrated the prosecution case is that in the intervening night of 7th and 8th May, 2008 at village Sirsi, accused Shibbu @ Shivcharan in an drunken state beat his wife by a Lathi and caused untimely her death. The dead body was cremated secretly at the top of hill. On information by Ram Krishna, brother of accused to Rajendra brother of deceased, a Marg report was lodged about death of Santobai at Police Station Sirsi. After making an inquiry into marg, on 13th May 2008, an F.I.R. was lodged against accused at Crime No. 20/08. The investigation was set in motion. The ashes and bones from pyre were collected and sent for examination to the Department of Forensic Medicine and Toxicology of G. R. Medical College, Gwalior. Case-diary statements of witnesses were recorded. Thereafter, the accused was arrested and on his information, the weapon (Lathi) was seized. After investigation, the charge sheet was filed before the Criminal Court. On committal, the Sessions trial commenced and after recording the evidence, the accused-appellant was convicted and sentenced for commission of offence under Sections 302 and 201 of I.P.C., hence this appeal.

(3.) It is contended by the learned counsel appearing for the appellant that the judgment of conviction and sentence recorded by the Trial Judge is against the peculiar facts, evidence of the case and the law, hence, same is liable to be set aside. It is submitted that the statements of the material witnesses do not disclose that accused/appellant had committed murder of Santobai, his own wife. It is further argued that the medical evidence in this case also does not smear that the death of deceased was homicidal in nature. Still, the trial Judge has erred in not following the settled proposition of law which lays down that on the basis of doubts, no one can be convicted. On these premised submissions, it is prayed that by allowing the appeal, the accused may be acquitted of the alleged offence.