RAGHUVEER SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant/accused has filed this appeal under Section 374 of the Code of Criminal Procedure 1973 being aggrieved by the judgment dated 03rd March, 2006 passed by the Sessions Judge, Datia (M.P.) in S.T. No.80/2005 whereby the appellant has been convicted and sentenced for commission of offence under Section 302 of the Indian Penal Code with punishment of life imprisonment.

(2.) The facts giving rise to this appeal, in short, are that on dated 02.05.2005 at about 10 o'clock in the morning, the alleged prosecution witness Sakhi @ Shashi (PW-10), the daughter-in-law of appellant was cleaning the ground floor of the house while her mother-in-law Usha Dangi, the wife of the appellant, was preparing food at second floor. At the same time, appellant came from the outside and went to the upper floor where in the room he demanded meals from his wife, Usha on which after preparing the plate (Thali) she went to give the same to the appellant in such a room. Till this time, Sakhi @ Shashi also came up to the aforesaid storey of the room for preparation of the food. It is further stated that as soon as Usha entered in the above-mentioned room with meals the appellant started quarrelling with her and after throwing her on the floor gave her on person three blows of an Axe. Resultantly, she after sustaining the injuries on her neck with bleeding succumbed to such injuries on the spot. It is further stated that immediately after the aforesaid incident, Sakhi @ Shashi went to the temple of the village where her husband Vinod Kumar Dangi (PW-1) was standing with one Arvind Dangi (PW-2) and apprised them about the incident on which they rushed towards the home and on reaching they saw that Usha has died. Meanwhile said Arvind was also subjected to the injury of stone thrown by appellant from upperstorey. Subsequently, on their crying, the persons of the locality also came there on which the appellant bolted the door of the room from inside. Such incident was reported immediately after the incident within forty five minutes by Vinod Kumar Dangi (PW-1) to the Police on which an inquest report (Ex.P-8) was written and then first information report (Ex.P-1) was also registered at Police Station Bhander, District Datia (M.P.).

(3.) After committing the case to the Sessions Court on evaluation of charge sheet, the charges of offence under Sections 302 and 323 of the Indian Penal Code were framed against the appellant. He abjured his guilt on which the trial was held. After recording evidence on appreciation of the same, appellant was held guilty for the offence under Section 302 of IPC while he was acquitted from the charge of Section 323 of IPC for causing injury to a witness Arvind Dangi (PW-2).