POORAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal challenging the judgment dated 14-10-1991 passed in Sessions Trial No. 207 of 1991 by the Additional Sessions Judge, Khurai, District Sagar, Convicting him for an offence under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) In brief, prosecution story is that Kiran (deceased) was the wife of appellant. Kiran's sister Kusum used to live with her husband Sardar Nath in Village Mehar. Since about one month appellant and Kiran had come to Village Mehar in search of labour work and were residing in the house of Kusum. On 7-4-1991, at 1.00 P.M., when Kiran was lying on a horizontally placed cernent pillar, in front of the house of Kusum, appellant brought an axe from Subbi and assaulted Kiran on her neck with that axe as a result of which she suffered deep injury on the neck. Child Bhag Bai (P.W. 1), sister-in-law of Kusum, saw the incident and informed her mother Ramrani. Ramrani came at the spot and found Kiran lying injured. Ramrani called Kotwar and asked him to lodge the report and along with other persons took Kiran to Hospital, where during the treatment, she died. Tijai Chadar, Kotwar, lodged the report (Ex. P-15) at Police Station, Bandri.

(3.) Dr. A.K. Chaturvedi of District Hospital, Sagar (P.W. 8) examined the injury of Kiran and found one incised wound 5 cm x 3 cm on the right side of her neck. On the same day, Kiran died. Her dead body was sent for the post mortem examination. Dr. Rajesh Divakar (P.W. 11) performed the post mortem examination and vide his report (Ex. P-16) found one incised wound on the right side of her neck 5 cm x 3 cm in diameter posteriorly and medially. The injury had reached up to trachea at the level of thyroid cutting of the structures including thyroid and adjoining area. Major vessels and trachea were also cut. In his opinion, the lady had died of shock due to excessive blood loss.