SUKHRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The following judgment of this Court was delivered by Hon'ble Chitra, J. For taking exception to the order of conviction and sentence passed against him by learned Sessions Judge, Shajapur in the matter of Sessions Trial No. 180/89, the appellant has approached this Court by preferring this appeal. Learned Sessions Judge, Shajapur had convicted the appellant for an offence punishable u/S 302, IPC and sentenced him to undergo imprisonment of life.

(2.) The facts giving rise to the prosecution can be stated as hereunder in brief : The appellant was residing in village Pardakhedi along with his wife in the house of his father-in-law Bherulal 3-4 years prior to the date of incident. As per prosecution case in the night of the incident, he was sleeping in the house of Bherulal along with his wife and children. It is the prosecution case that appellant was having suspicion about the character of his wife Lilabai and on account of that, the quarrel took place between them in the night of the incident, art 3.00 p.m. As per prosecution case the appellant assaulted Lilabai on her head, who was sleeping, with a grinding stone of floor mill. By hearing the noise created by the said act, the daughter of Lilabai and appellant named Rukma, who was sleeping at some distance from them, got up and after seeing her father assaulting her mother she shouted. By hearing her shouts, her grandfather Bherulal came there to whom she told that her father had assaulted her mother on the head by said grinding stone of the floor mill. Bherulal also thereafter shouted and by hearing his shouts prosecution witnesses - Mangilal, Lakhan Chotelal, came there to whom he informed accordingly. They tried to search the appellant but he was not found.

(3.) Thereafter the FIR was lodged, investigation progressed and appellant was put to trial before the learned Sessions Judge, who after appreciating the evidence recorded by him in view of the arguments advanced on behalf of the parties, accepted the prosecution case as proved and recorded the conviction and sentence against the appellant and that is the subject matter of challenge in the present appeal.