BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH these appeals have been filed by the same appellant to assail his conviction under Section 302 of the Indian Penal Code, recorded by judgment dated 2241-1997 of the learned Sessions Judge, Mandsaur, passed in Sessions Trial No. 79/1997 by which the appellant has been sentenced to imprisonment for life.

(2.) THE appellant was indicted for offence punishable under Section 302 of the IPC for having caused death of his wife Chandrakala on 2-24997, at about 5. 00 p. m. , in Village Padliya Lalmuha, by striking her with fuel wood and causing burns on various parts of her body with 'chimta' (tongs), 'fukni' (an iron pipe) and 'kalchi' (a serving spoon ). A report of the incident was lodged by Ramlal (not examined by the prosecution), at Police Station, Bhavgarh, pursuant whereto the investigation was commenced. On receipt of the report (Ex. P-24), Onkar Singh, Head Constable (P. W. 8), proceeded to the spot where he recorded Dehati Nalish (Ex. P-25 ). S. D. Sharma, Asstt. Sub-Inspector (P. W. 10), took the photographs of the place of the incident and prepared spot map at the instance of Ramlal. He arrested the accused vide Panchnama (Ex. P-9) and on the basis of the disclosure made by the accused and duly recorded in memorandum (Ex. P40), he effected seizure of the Articles at the instance of the accused, as recorded in Exs. P-21 and P-22. He recorded Dehati Nalish (Ex. P-25 ). On the basis of the report (Ex. P-24), lodged by Ramlal, the dead body was forwarded along with requisition (Ex. P-28) to the Hospital for post-mortem examination and query was made vide Ex. P-29. Articles were sent to the Forensic Science Laboratory vide Ex. P-30 and report Ex. P-32 was received. After completion of the investigation, the appellant was prosecuted.

(3.) THE appellant denied the charge and pleaded that he was innocent. The learned Sessions Judge, however, found that the appellant was guilty and convicted and sentenced him as hereinabove stated. It is against this conviction and sentence that the appellant has filed the above two appeals, one through the Counsel and the other from the jail. This judgment shall, therefore, govern the disposal of both the appeals.