THAVRIYA @ THAVAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the judgment dated 25.07.2005, passed by 2nd Additional Sessions Judge (Fast Track) Jhabua, in Sessions Trial No.356/2004, convicting the appellant for the offence under Section 302, IPC directing to undergo life imprisonment with default stipulation and for the charge uridcr Section 352, IPC directing one month's R.I., this appeal has been filed under Section 374 of Cr. P.C.

(2.) As per the prosecution story on 24.08.2004 Noora, wife of the appellant was admitted in Government Hospital, Thandla due to labour pain, where she gave birth to male child. She is also having a female child, aged 3 years. On the next date i.e. 25.08.2004 nurse Elizabeth Rawat (PW-2) has intimated to the Dr. Kiranbala Chaturvedi (PW-1) at 06:l5am that appellant creating violence and dancing with his daughter keeping in his hand and thereafter, throw her on bed. When the nurse went to save him the accused taking infant male child in hands inflicted knife injury over the stomach. On intimation doctor came to the hospital and tried to remove the accused, who was shouting, thereupon accused also assaulted her. A written intimation was given to the Police Station Thandla and the medical assistance to the child was offered thereupon an offence at Crime No.160/2004 at Police Station Thandla under Section 307, IPC was registered. The infant during treatment succumbed to the injuries, however, Section 302, IPC was further added.

(3.) After committal by the Judicial Magistrate First Class, Thandla the case was assigned to the Sessions Court, Jhabua where the charge under Section 302 and 352, IPC were framed. Accused has abjured his guilt and took defence that under influence of some extraneous power he was dancing and jumping, at that time the incident has taken place. During course of trial the defence of unsoundness of mind of the accused was put-forth but it was not believed by the trial Court while recording satisfaction as specified under Section 328, Cr.PC. The prosecution has examined as many as 13 witnesses while the appellant has not examined any witness in defence. The trial Court believing the testimony of Elizabeth Rawat (PW-2), Dr. Kiranbala Chaturvedi (PW-1) and the autopsy report (Ex. P-12) supported by the testimony of Dr. Ashok Mahajan (PW-12) found the prosecution story proved, however, convicted the appellant for the said charges and directed to undergo sentence as specified herein above.