MORSINGH Vs. STATE OF M P

JUDGEMENT

(1.) BY this appeal the appellant seeks to quash the judgment of conviction and sentence passed by the learned First Additional Sessions Judge, Mhow in sessions Trial No. 363/93 passed on 25-11-1995 thereby the learned Trial Court finding the appellant guilty of the offence punishable under Section 302, Indian penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 100/- in default of payment of fine to suffer additional R. I. for one month.

(2.) IN nut shell the prosecution case against the appellant as un-folded before the Trial Court was that on 16-12-1992 in Police Station Manpur (PW3)Bisan Village Chowkidar lodged the report Ex. P/6 that appellant Morsingh resident of Village Chapariya came to him and disclosed that he assaulted his wife deceased Dhannibai by lathi on her head in the night between 12-12-30 o'clock because of which his wife had died. On this information, Crime No. 205/92 for the offence punishable under section 302 of the Indian Penal Code was registered against the appellant and (PW5) Station House Officer Police station Manpur reached on the spot. He prepared spot map Ex. P/7 and effected seizure of blood stained yellow cotton bed (Guddadi), blood stained earth and control earth through seizure memo Ex. P/9, he also arrested appellant, arrest memo is Ex. P/10. On production by appellant he seized one Bamboo Lathi its seizure memo is Ex. P/8. Thereafter he prepared inquest and sent the dead body for post- mortem. Post-Mortem was performed by (PW 1) Dr. Vasudeo and his post-mortem report is Ex. P/2. Seized articles were sent for chemical examination to the Forensic Science Laboratory, its report is Ex. P/14 and serologist report is Ex. P/16. After completion of investigation, appellant was charge-sheeted for the offence as mentioned above.

(3.) APPELLANT denied the charge of commission of murder of his wife and submitted that she fell from scaffold (Dagla) situated near rivulet, he was also accompanied by villagers to take his wife to his house.