GANESH BALAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374 (2) of Cr.P.C. has been preferred by the appellant being aggrieved by the judgment dtd. 20/11/2013 passed by Sessions Judge, Indore in Session Trial No.829/2012 whereby the trial court has convicted the appellant for the offence punishable under Sec. 302 of IPC and sentenced him to undergo rigorous imprisonment for life with fine of Rs.10,000.00 and in default of payment of fine to further undergo six months additional R.I.

(2.) According to the prosecution story on 11/4/2012, Sheetal (PW-7) who is daughter of deceased and accused came to the house of her grandfather (Nana) at 5:30 P.M. and stated that appellant is beating her mother. Thereafter, grandfather Gorelal (PW-5) and grandmother Sundarbai (PW-6) came along with Sheetal (PW-7) to the house of the appellant and saw that appellant assaulted his wife Aarti with knife and she was lying on the floor fully covered with blood. The appellant pushed Gorelal and Sundarbai and fled away from the spot. Thereafter, Gorelal (PW-5) went to the police station Khajrana with his granddaughter and lodged the FIR. The Police came on the spot and enquired the matter. The Investigating Officer prepared the Lash Panchnama and thereafter send the body of the deceased for postmortem and arrested the accused, seized his clothes and blooded knife.

(3.) After due investigation, police filed charge-sheet against the appellant before the concerned Court of Magistrate. After committal, the case was sent to the Court of Sessions Judge, Indore for trial.