BHURU Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal filed under Sec. 374(2) of Criminal Procedure Code is directed against the judgment dtd. 7/3/2011 passed in Session Trial No.22/2011 by learned Sessions Judge Harda, Distt. Harda whereby the appellant has been convicted and sentenced.

(2.) The appellant faced trial for murdering his wife Laxmi Bai on 13/12/2010. The accusation against the appellant was that his marriage was solemnized with deceased Laxmi Bai an year before the date of incident i.e.13/12/2010. Both were labourers. A quarrel had taken place between the husband and wife because appellant-husband had doubt about the conduct of the wife. Because of said quarrel, the wife went back to her maternal house at village Mirzapur. It was the case of the prosecution that on 13/12/2010 at about 2:00 pm he reached his in- laws' house where his wife Laxmi Bai was residing. The appellant was allegedly carrying Palwa Katne Ka Daranta. The appellant inquired from sister-in-law of his wife about his wife. She informed that Laxmi Bai is inside the house. The appellant entered the said room where Laxmi Bai was available and caused injuries by means of Daranta and chopped her left hand from the elbow and the left leg. Phoolwati Bai (PW-8) initially caught hold of appellant but he could fled away from the place of incident. Phoolwati (PW-8) took help of her mother and brother and took Laxmi Bai to Harda. On the basis of report of Laxmi Bai Crime No. 528/2010 under Sec. 307, 506 IPC was registered and investigation commenced. During the course of treatment, Laxmi Bai succumbed to injuries on 13/12/2010. The postmortem of Laxmi Bai was carried out and appellant was arrested. The weapon used in commission of crime and his clothes were recovered. The seized material was sent to Forensic Science Laboratory (FSL) Bhopal.

(3.) After completion of investigation, chalan was filed in the Court of Judicial Magistrate which was committed to the Sessions Court. In sessions case No. 22/2011, proceedings commenced. The appellant abjured the guilt.