CHHABBILAL GOUD Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant Chabbilal Goud preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 11.1.2007 passed by Additional Sessions Judge, Mandla in Sessions Trial No.129/2006, whereby he has been convicted and sentenced as under:-

(2.) It is the allegation against appellant/accused Chhabbilal that on 22.7.2006 in the afternoon at Village Naijhar, he intentionally and knowingly caused MARPEET with his wife Sonabai and committed her murder.

(3.) Brief facts of the case are that on 22.7.2006, complainant Sukhniyabai invited her brother-in-law (DEVAR) appellant Chhabbilal at her house for meal. Accused Chhabbilal, his wife Sonabai (since deceased), Phuliabai and Deva Goud came to the house of Sukhniyabai and consumed liquor. Accused Chhabbilal and his wife Sonabai also had their meal. Thereafter, Sonabai slept in the house of Sukhniyabai on a cot (KHATIYA). Phuliabai, Deva Goud, Ratan Goud and Chhotelal had left the house of Sukhniyabai. After around an hour, accused Chhabilal came there and asked Sonabai to go home but Sonabai refused to go home. On her refusal, the accused slapped her twice. Sukhniyabai requested him not to beat Sonabai. Chhabbilal replied that Sukhniyabai was his wife and he would take her to home. Thereafter, he took Sonabai on his shoulder and went towards his house. Chhabilal threw his wife Sonabai on the floor in front of the stairs of his house and started giving fists blows and dragged her legs. Subbal Goud, a neighbour of Chhabbilal, came there and scolded Chhabbilal. Thereafter, Chhabbilal forcibly kept his wife Sonabai on his shoulder and entered into his house. In the evening, a news spread in the village that Chhabbilal had killed his wife Sonabai. Sukhniyabai (Bhabhi of Chhabbilal), Sarpanch, Upsarpanch and other members of the village reached the house of accused Chhabbilal. Accused Chhabbilal had admitted in front of the villagers that he caused MARPEET with his wife and committed his murder. Dead body of Sonabai was lying in the room of accused Chhabbilal and the blood was oozing out from her mouth. There were number of injuries on the body of Sonabai. On the request made by the villagers, Sukhniyabai (PW.5) went to Police Station Gughri alongwith her husband Ratan and Kotwar Rameshdas. As the direct road towards Gughri Police Station from Naijhar was closed due to heavy rain, complainant Sukhniyabai went to Police Station Gughri via Bichhia and lodged the report on 22.7.2006 at about 11:10 pm. On the basis of her information, Marg Intimation (Ex.P/11) and First Information Report (Ex.P/3) were registered. On 23.6.2006 in the night, the police party reached the spot and prepared Panchnama of the dead body (Ex.P/2). The dead body of Sonabai was sent for postmortem. On the basis of the statement on memorandum, bloodstained shirt was recovered from the house of accused Chhabbilal and he was arrested.