BALERIAN MINJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In Sessions Trial No.8 of 1981, Sessions Judge, Raigarh, by his judgment dt. 15-5-1981 convicted the appellant under S.302, I.P.C. and sentenced him to imprisonment for life. Since the appellant had preferred an appeal from jail, a counsel had been provided to him by the registry.

(2.) The appellant was alleged to have committed the murder of his wife Alizabeth on 18-12-1980 at about 10 P.M. in village Ghueetangar. It is said that the appellant had recently been married with the deceased.

(3.) The prosecution case briefly stated is that in the night of 18-12-1980 when the appellant returned back to his house, he was heavily intoxicated. Appellant asked the deceased to serve him the food. The deceased seeing the appellant to be heavily intoxicated was annoyed and instead of serving the food, kicked him. Thereafter the deceased collected her clothes etc. and kept them in a plastic 'Theli' and left the house to go to her parents' house. At a distance of two furlongs from village Ghueetangar is a church. At a distance of about 7 yards from that church is the path way which goes from village Ghueetangar to village Kamatara. The appellant is said to have insisted the deceased to return back. When the deceased did not agree, appellant assaulted her by 'Balua'.