NANDOO Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 19.2.1987 of IIIrd Addl. Sessions Judge, Jhabua passed in S.T. No. 299186 whereby accused appellant has been convicted u/s. 302 of IPC for having committed murder of his wife Thawa libai in the morning of 8.5.86 in village Ambakhedi and sentenced to imprisonment for life.

(2.) IT is alleged that deceased Thawalibai prior to her marriage had illicit relation with Dungariya Bhilala and had given birth to a child P.W.2 Chhagan is the brother of Thawalibai. As per the prosecution story two children one son and one daughter were born out of their wed -lock i.e. accused and deceased Thawalibai. The son died. The daughter was residing with Thawalibai.

(3.) ON 8.5.86 Thawlibai has found dead with incised wound on the neck. On hearing about the incident villagers including Kesu (PW. 5) and Balan (PW 6) came and saw her dead with injuries on the neck. The matter was reported to the police who conducted the investigation and after usual procedure of preparation of site -map, seizure of stained and unstained earth, preparation of inquest report the body was sent for post -mortem examination. P.W. 4 Dr. Goyal conducted post -mortem and prepared report Ex. P/16 on 8.5.86. He found one incised wound of the size of 4" x 2" cutting carotid Artery and carotid veins trachea and esophagus and that was the cause of death. It is alleged that accused made extra -judicial confession before P.W. 1 Nevsingh and P.W. 5 Kesu who is his own l1I'other and the conduct of accused was also found abnormal. As such challan against accused was filed which was committed to the Court of Sessions in due course.