LACHHIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure, 1973 has been filed against the judgment dated 28.07.2001 passed by the 2nd Additional Sessions Judge, Barwani in Sessions Trial No.343/2000, whereby convicting the appellant under Section 302 of the Indian Penal Code and sentencing him for life imprisonment and imposing fine of Rs.2,000/- and in default of payment of fine, to undergo two months simple imprisonment.

(2.) THE prosecution case, in brief, is that on 08.07.2000 at about 08.00 PM, the appellant asked his wife Jhamkibai to serve meals to him. On being served the meals, the appellant found the 'Roti' to be burnt. He became furious and inflicted axe blows on the head of Jhamkibai. His daughter Hirkibai (PW-3), who had seen the incident, ran away from the place out of fear and stayed at the house of Balibai for the whole night and only in the morning returned to home. After five days of the incident on 12.07.2000, Jhamkibai succumbed to the injuries. The Police got the postmortem conducted of the body of the deceased Jhamkibai. After completion of the investigation, the Police submitted challan against the appellant.

(3.) DURING trial, Sangitabai (PW-1), who lodged the FIR; Kamal Singh (PW-2), who is son-in-law of the appellant and husband of Santigabai; Rangar (PW-4); Onkar (PW-5) brother of the appellant; Dongar Singh (PW-6); Ratan Singh (PW-7); and Sutar (PW-8) did not support the prosecution case and were declared hostile. The trial Court, placing reliance on the eye witness account of Hirkibai (PW-3) daughter of the appellant, convicted the appellant, as aforesaid. Aggrieved, the appellant has filed this appeal.