ASHOK MALVIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as'the'Cr.P.C.'), against the judgement dtd. 9/8/2012, passed by the learned Sessions Judge, Dewas in S.T. No.42/2012, whereby the appellant has been convicted u/S 302 of the Indian Penal Code (hereinafter referred to as'the IPC') and sentenced him to rigorous imprisonment of life.

(2.) It is admitted fact that the deceased Pavitra Bai was earlier married to a person, resident of village Babadiya. Prior to 3 years of the incident, Pavitra Bai and appellant had love marriage. Thereafter, deceased used to live with her husband/appellant at Rajiv Gandhi Nagar, Dewas. Her father-in-law Tej Singh (PW/3) and mother-in-law Smt. Sugan Bai (PW/4) were also living with deceased and appellant in the same house, in which, the incident had taken place. At the time of marriage, family members of the deceased had told the appellant that the uterus of the deceased is small, and she will not be able to conceive child, even after knowing this fact, the appellant had married the deceased.

(3.) The facts lie in a short compass, which proceeds as, sister of deceased, Smt. Sushila Bai (PW/1) lives just 8-10 houses away from the house of deceased in Rajiv Gandhi Nagar. Appellant Ashok was a labour, and deceased used to work in nursing home. The relation between appellant and deceased were not cordial, and they used to fight usually. 1 year post-marriage, the appellant started physically assaulting the deceased. Before the incident, the deceased had consumed poison on Diwali, for which she was admitted to Mahatma Gandhi District Hospital, Dewas. On the date of incident, i.e. on 21/12/2011 in the evening, appellant Ashok and deceased were alone at home, at that time, Tej Singh (PW/3) and Sugan Bai (PW/4) had went to sell fruits, and they returned home at around 10:00 PM. Then appellant had told them that he killed the deceased Pavitra Bai by strangling her neck with dupatta. Tej Singh (PW/3) and Sugan Bai (PW/4) saw that, deceased was lying dead on bed. Tej Singh (PW/3) called Smt. Sushila Bai (PW/1) and maternal aunt ( mousi), Guddi Bai (PW/6) and told them about the incident. Sushila Bai (PW/1), Guddi Bai (PW/6) and maternal uncle (mousa) of deceased Girdhari Lal (PW/2) went to the house of the deceased and saw that Pavitra Bai was lying dead on the bed present in the middle room. There was blackish mark on her neck. On being asked by Giridhari Lal (PW/2), the appellant told him that he strangled the neck of the deceased with her dupatta and killed her. Appellant killed the deceased as she was not able to conceive child. Thereafter, Sushila Bai (PW/1) went to Police Station Dewas alongwith Giridhari Lal (PW/2) and intimated the incident to the police. On the basis of this intimation, S.I. R.P. Tiwari (PW/10) lodged an FIR (Ex.P/1) against the appellant and also registered merg intimation (Ex.P/13).