STATE OF M P Vs. RAMKRIPAL

JUDGEMENT

(1.) THIS is a reference under Section 366 of the Code of Criminal Procedure, 1973 for confirmation of the sentence of death imposed upon accused Ramkripal for the offence punishable under Section 302, IPC. He has also filed an appeal challenging his conviction and sentence.

(2.) DECEASED Nanhai was sister-in-law (Sarahaj), that is wife of brother of the wife of the accused.

(3.) THE prosecution case is that on 26-5-2003 at about 8 A. M. in Village Bhursi accused Ramkripal beheaded the deceased by attacking on her neck with an axe resulting in her instantaneous death. The report of this incident was lodged by Johan Singh (P. W. 5) who is elder brother of the husband of the deceased at 12. 30 P. M. on the same date at Jaisinghnagar Police Station and that is Ex. P-2. In this report the name of Anelabai has been mentioned as eye-witness. Raghavendra Dwivedi (P. W. 12) is the Police Officer who recorded the FIR and proceeded to the place of incident. He prepared the panchnama of the dead body of Nanbai and that is Ex. P-5. The body was sent for post-mortem examination. The autopsy was conducted by Dr. Swamidin Kanwar (P. W. 3) and his report is Ex. P-1. In his opinion the cause of death was severance the head from trunk by a sharp edged weapon. According to the prosecution the incident was witnessed by Ramsahai (P. W. 1) and Charku (P. W. 4) and the blood stained axe was recovered from the possession of the accused as per seizure memo (Ex. P-9) from his house in consequence of the information given by him under Section 27 of the Evidence Act as per memorandum (Ex. P-8) on the date of incident itself.