KALU Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal aims at setting aside the conviction and sentence of the appellant passed by the learned Additional Sessions Judge (Shri Anil Abbas), Kukshi by judgment dated 11th September, 2001 in Sessions Trial No. 86/2001, thereby finding the appellant guilty of the offence punishable under Section 302, IPC and sentencing him to suffer imprisonment for life and fine of Rs. 1,000/-, in default of payment of fine to suffer R. I. for two months.

(2.) BRIEFLY stated, the prosecution case as unfolded before the trial Court was that on 3-1-2001, the appellant informed the police of P. S. Kukshi that the dead body of his wife Thavlibai was lying in the forest. On this information Merg. No. 01/2001 under Section 174 of the Code of Criminal Procedure was registered and PW-6 R. S. Raghuvanshi Sub-Inspector started enquiry in to the Merg. PW-6 R. S. Raghuvanshi effected the seizures of iron-rod, slipper etc. from the place of occurrence. Its seizurememo is Ex. P/12. On merg enquiry, the Enquiring Officer found involvement of appellant Kalu in commission of murder of his wife. Therefore, Crime No. 5/01 under Section 302 of the Indian Penal Code was registered and investigation commenced by Investigating Officer B. R. Yadav (PW-7 ). He recorded the statement of the witnesses and arrested the appellant vide arrest-memo (Ex. P/7 ). Ex. P/4 is the Panchnama of dead-body. Autopsy on the dead body was conducted by Dr. PW-1 F. S. Chauhan who found 9 external injuries and on internal examination, he found fractures of rib-bones. According to him, the deceased died because of internal haemorrhage. The medical report issued by this doctor is Ex. P/2. On the basis of the memorandum statement (Ex. P/8) the investigating officer seized an axe and Darata (sickle) from the house of the appellant. The seizure-memo of these weapons is Ex. P/9. He also seized a bamboo lathi. All these seized articles were sent for Chemical Examination to the Forensic Science Laboratory at Indore. The Report is Ex. P/15.

(3.) ACCORDING to this report. Ex. P/15, on the lathi, axe and Darata, simple blood was noted. After investigation, charge-sheet was filed against the appellant under Section 302, Indian Penal Code. The appellant refuted the charges and pleaded innocence. Therefore, the prosecution, to prove its case, examined seven witnesses. The appellant did not examine any witness in defence. After hearing the parties, the learned trial Court, finding the appellant guilty of the offence of murder, convicted and sentenced him as indicated hereinabove.