SHIV PRASAD @ LAHU Vs. STATE OF M P

JUDGEMENT

(1.) The following judgment of the Court was delivered by: N.K. Gupta, J. The appellant has preferred the present appeal being aggrieved with the judgment of conviction and finding of sentence dated 19.10.2000 passed by the learned Additional Sessions Judge Beohari, District Shahdol in Sessions Trial No.204/2000, whereby he has been convicted for an offence punishable under Section 302 of the IPC and sentenced to life imprisonment with fine of Rs.200/-, in default of payment of fine, one month additional R.I.

(2.) The prosecution's case in short is that on 15.5.2000 the appellant alongwith his wife/deceased Sona Bai left their house to collect Kande (cow dung cake) from a field at village Audari (Police Station Beohari, District Shahdol). At about 11:00 a.m. when the appellant and his wife did not come back to their house, Belabai (PW-3) mother of the complainant Ramprasad @ Lallu (PW-1) asked the complainant to search for them. Ramprasad found his brother (appellant) lying under a mango tree and some Kande (cow dung cake) and bamboo container were also lying near him. On asking, the appellant replied that he did not know about his wife. Thereafter, the complainant went to village Gariyari Jamuni to search the deceased Sona Bai in her parents' house but she could not be found. Sarman (PW-2) and Rampyare (PW-12) were also sent by Belabai (PW-3) to trace the deceased and they intimated that dead body of the deceased Sona Bai was lying near Jhabarhai, which was field of one Urmaliya. Various witnesses including the complainant and Bela Bai went to the spot and saw the dead body of the deceased Sona Bai. They found that the deceased had sustained various crushed injuries on her mouth, ear and nose caused by a bolder and one blood stained bolder was also found lying near the dead body of the deceased. When the witnesses asked the appellant about the incident then, the appellant tried to run away from the spot but Rampyare (PW-12), Rajiv Lochan (PW-9) and other witnesses had caught the appellant. Thereafter, the appellant confessed before them that he killed his wife. The complainant Ramprasad went to the police station and lodged the FIR Ex.P/2. The dead body of the deceased was taken by the police and sent for its postmortem. Dr. R.S. Pandey (PW-15) performed the postmortem on the body of the deceased. He found approximately eight injuries to the deceased caused by hard and blunt object. Due to such injuries, various bones of jaw, ribs etc. were also found broken. Her right lung was ruptured, right side of liver was also ruptured and concerned cavity was full of blood. He found that the deceased died due to injuries caused on brain, lung, liver and death of the deceased was homicidal. The investigation officer had also recovered a blood stained half shirt of the appellant. All such articles were collected during investigation and sent for analysis to the Forensic Science Laboratory. As per report of the Forensic Science Laboratory Ex.P/19, blood stains were found present on the shirt recovered from the appellant. After due investigation, the charge sheet was filed before the JMFC Beohari, who committed the case to the Sessions Court, Shahdol and ultimately, it was transferred to the Additional Sessions Judge, Beohari.

(3.) The appellant abjured his guilt. He did not take any specific plea. Hence, no defence evidence was adduced.