NANNUU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment dated 4.4.2001 passed by the learned Sessions Judge Damoh in Sessions Trial No.31/2000, whereby he has been convicted of the offences punishable under Sections 307 & 302 of the IPC and sentenced to five years R.I. with fine of Rs.1000/ - and life imprisonment with fine of Rs.2,000/ -. In default of payment of fine, three months and six months R.I. respectively was imposed.

(2.) THE prosecution's case in short is that the appellant Nannuu @ Nannai was residing in a hut at village Kerbana (Police Station Batiyagarh, Tahsil Hata, District Damoh) with his family members including his wife Mathura Bai (PW -6), his daughter Saraswati (deceased) and son Moti (PW -3). The relations of the appellant and his wife Mathura Bai were strained and therefore they frequently quarreled with each other. On 1.1.2000 at about 4:30 p.m. Mathura Bai went to flour mill to get her wheat grained. And on her way back she was standing near Kerbana trivia. The appellant happened to pass from that place. Seeing Mathura Bai he questioned her as to why she was standing there. Thereafter, the appellant dragged her towards his hut and stabbed her twice with a knife to kill her. Some witnesses viz. Hariprasad, Rajesh etc. intervened and tried to save Mathura Bai. Thereafter, the appellant went inside the courtyard of his hut and took his daughter Saraswati Bai alongwith a Bichhua (knife) and ran towards the Aamghat culvert. The witnesses chased the appellant but they could not save the deceased/girl Saraswati Bai because the appellant killed her and threw her dead body near the culvert. Hari (PW -2) promptly lodged the FIR at Outpost Kerbana of Police Station, Batiyagarh. The injured Mathura Bai was sent for her medico legal examination and treatment, whereas dead body of the deceased Saraswati Bai was sent for postmortem. During investigation, the investigation officer collected various articles from the spot and also recovered a shirt from the appellant. The seized articles were received by the investigation officer from the hospital after postmortem of the deceased Saraswati Bai. All these articles were sent to the Forensic Science Laboratory for analysis. After due investigation, the charge sheet was filed before the JMFC Hatta, who committed the case to the Sessions Court, Damoh.

(3.) THE learned Sessions Judge, Damoh after considering the prosecution's evidence, convicted and sentenced the appellant as mentioned above.