MAHESH PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS jail appeal has been preferred under Section 383 read with Section 374(2) of the Code of Criminal Procedure (for short "the Code") being aggrieved with the judgment dated 21/08/2002 passed by I Additional Sessions Judge, Jabalpur, in Sessions Trial No. 771/2002 whereby the appellant has been convicted under section 302 of Indian Penal Code (for short "the IPC") and sentenced to undergo imprisonment for life and to pay a fine of Rs.2000/-, in default to suffer imprisonment for 2 years.

(2.) PROSECUTION case, in brief, is that on 23.7.2001 at about 10:30 a.m. the accused while filthily abusing and suspecting the character of his wife Leela Bai ( since deceased) stabbed twice on her chest on left side and once on her left hand. Leelabai ran from the house and fell behind the house of Dayaram. Her daughter Jyotibai (PW2) attempted to prevent the appellant from escaping by running after him. Leelabai died on the spot. Report of the incident (Ex.P/2) was lodged by Jyotibai at Police Station Gorakhpur, against her father viz. the appellant, upon which Crime No.458/2001 and morgue (Ex.P/3) were registered and after investigation,charge-sheet was filed.

(3.) LEARNED counsel for the appellant submitted that the appellant had been falsely implicated and the evidence of prosecution witnesses was not reliable.