GURUMEET KAUR Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 19-02-1999 passed by learned First Additional Sessions Judge, Dabra, District Gwalior (MP) in Sessions Trial No.267 of 1992 convicting appellant under Section 302 of IPC and thereby sentencing her to suffer imprisonment for life, the sole appellant has knocked the doors of this Court by preferring this appeal under Section 374 of Code of Criminal Procedure, 1973.

(2.) The appellant has been convicted and sentenced for committing murder of her husband. As per the case of the prosecution, at about 11' O Clock in the night of the date of incident i. e. 18-06-1992, deceased went asleep after consuming liquor. Usually, there used to be altercations in between the deceased and his wife (appellant) on account of marriage of their daughters. On the date of alleged incident as well, after consuming liquor the deceased was alleged to have tried to assault the appellant. After some time, PW2 Raju (son of the deceased and of the appellant) woke up on hearing shriek and saw the appellant causing injury to the deceased by means of shovel, as a result of which the deceased was died. The appellant is alleged to have dragged the body of the deceased nearby a well and clean the floor where the cot of the deceased was lying and the blood was spilled. The appellant sent her son Raju (PW2) to inform about the incident to the village Chowkidar. At about 6'O clock in the morning, Raju along with village Chowkidar went to the police station Chinor and lodged the complaint Ex.P-1,on the basis which a case was registered against the appellant for commission of offence.

(3.) During the investigation, police prepared spot map (Ex.P2). On the basis of memorandum, police seized blood stained and simple earth and shovel and thereafter sent for chemical examination. Police also prepared Panchnama of the dead body of the deceased and sent it for postmortem.