VIJAY SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by judgment of conviction and order of sentence dated 3rd March, 1990 passed by learned sessions Judge, Morena in Sessions Trial No. 72/89, convicting the appellant under Section 302, IPC and sentencing him to suffer rigorous imprisonment of life, the appellant has knocked the door of this Court by preferring an appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) The facts shorn of unnecessary details lie in a narrow compass. It is the case of prosecution that Roshanbai (hereinafter referred to as the "deceased") was a concubine of accused/appellant. The deceased was residing with her mother Almadi Bai in Subhash Nagar of the township of Morena. On the fateful day i.e., 17-12-1988, at 12 in the noon, accused armed with single barrel gun arrived at the house of the deceased and was talking with her inside the room. At 1.30 p.m. accused asked the deceased not to go to Ambah. It is said that at that juncture Afhis Khan arrived there to carry the deceased with him. The deceased was pacifying the accused that she will return after two days, on which the accused again told her not to go, as a result of which she stood up from the cot and said that she is going at the house of his brother Lalla. At that juncture it is said that accused stood up from the cot and came towards at the door and thereafter fired gun. The bullet struck left elbow and abdomen region as a result of which the deceased fell down and breathed her last.

(3.) After firing, the accused fled from the spot. The son of the complainant as well as certain other persons of the locality chased to catch the accused and the complainant (PW-2) Almadi Bai, who is the mother of the deceased, went to lodge the report.