HARDEEP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred under Section 374(2) of Cr. P.C. by the appellant against his conviction for an offence punishable under Section 302 of IPC and sentence of life imprisonment, by the learned Additional Judge to the Court of Sessions Judge, Guna at Ashoknagar in Sessions Trial No. 161/1986 vide its judgment dated on 20.7.1987.

(2.) It is not disputed that Ku. Harbhajan (PW 10) was daughter of one Prembai, who was kept as concubine by the appellant. Appellant was a widower and Ku. Amar (PW 7) was his daughter from first wife. The said Prembai was in the house of the appellant on the night intervening between 7th and 8th of June, 1986. One Dallu(PW 4) at the instance of appellant informed the police about the death of the said Prembai on 8.6.1986. The information so given by the said Dallu (PW 4) was recorded in Police Station, Ashoknagar, District Guna and is Ex. P4. On receiving that information police went to the spot. After reaching the spot a memo of the dead-body was prepared by the police (Ext. P2) and thereafter it was sent for post-mortem to Ashoknagar Hospital where autopsy was conducted by Dr. D.K. Jam (PW 3), whose report was Ex. P3. The dead-body of the deceased Prembai had several ante-mortem injuries which ultimately resulted in her death. The appellant was arrested by the concerning police on 10th of June, 1986.

(3.) Prosecution story in brief is that on 7th June, 1986, the deceased Prembai had taken some money from the appellant for purchasing some goods and had gone to Ashoknagar for it. On her return back in the evening as she came back empty handed the appellant asked her as to where was the money which he had given. On her reply that it has been lost the appellant got annoyed and assaul-ted her with stick, axe and stone causing various injuries which ultimately resulted in her death. Next day, the appellant himself called Dallu (PW 4) and through him sent information to the police. After his arrest the appellant informed the police about axe, stick and stone used by him and they were also recovered by the police at his instance.