BALLU JATAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 24.08.2001 passed by IV Additional Sessions Judge, Gwalior in Sessions Trial No. 01/2001 by which the accused/appellant has been held acquitted under Section 302 of IPC and sentenced to life imprisonment with fine of Rs.5,000/ - and in lieu of fine, rigorous imprisonment for one year has been imposed, the accused/ appellant has filed this appeal under Section 374 of Cr.P.C.

(2.) IT is not disputed that Geeta was married to Mukesh Koli. Due to their wedlock two children namely Sonu and Mamta are born. Geeta was living with her husband and family as a tenant in the house of accused/appellant situated at Madanpura, Gwalior.

(3.) DURING her treatment, Geeta died. Ashok, who sustained injuries, also died in the incident. Their dead bodies were sent for postmortem. During the investigation blood stained earth and plain earth were seized by Panchnama (Ex. P -5) from the spot. The cycle, which was used by Ashok, was seized by Panchnama (Ex. P -6). Spot Map (Ex. P -4) was prepared. Accused was arrested by Panchnama (Ex. P -12) and on his memorandum (Ex. P -13), the sword was seized (Ex. P -14). After the investigation, charge -sheet has been filed.