MANGALYA Vs. STATE OF M.P.

JUDGEMENT

(1.) DISSATISFIED with the judgment dated 11.7.2003 rendered by Sessions Judge, West Nimar, Mandaleshwar in ST No. 101/03, thereby convicting the appellant for the offence under section 302 IPC and sentencing him to undergo life imprisonment with fine of Rs.1,000/ -, in default of payment of fine to suffer further 3 months' rigorous imprisonment, the appellant has preferred this appeal.

(2.) PROSECUTION case, in nutshell, as unfolded before the trial Court is that on 11.1.2003 in the evening at about 5:00 p.m. complainant Ramlal (PW 1) reached the matrimonial house of his daughter Seema to take her. In the night at about 11:00 p.m. he (Ramlal) and father of the appellant were sleeping after taking night meals, at that juncture he overheard the cries of his daughter Seema coming from inside of her room. She was saying that she was being assaulted. Upon hearing the cries, Ramlal reached over there and the door was opened by the mother -in -law of Seema. At that time, appellant Mangalya was standing having blood -stained axe in his hand and Seema was having injuries on her neck. There was bleeding and Seema was dead. Appellant Mangalya ran away after opening back door of the house. Complaint Ramlal started weeping, thereafter neighbours named Bhagga, Hari and other persons assembled there. Ramlal proceeded to village Kawadi and informed the incident to his brother -in -law (Sadubhai). Ramlal went to police station along with his son Kishan, brother -in -law Rama and one Pyarelal and lodged report in the police outpost Khemkheda of Police Station Kasrawad vide EX.P -1. The report was reduced in writing by (PW 10) Sub -Inspector Rajaram Aavasia and Sub -Inspector reached on the spot, prepared inquest of the dead body vide Ex.P -5, spot map Ex.P -3 and also seized blood -stained and controlled earth through seizure memo Ex.P -12. Dead body of deceased Seema was sent for post -mortem examination and the same was done by (PW6) Dr. Suresh Chouhan of Primary Health Centre, Kasrawad. Post -mortem report is Ex.P -9. Sub -Inspector arrested the appellant and on the basis of memorandum statement Ex.P -7, seized the axe through seizure memo Ex.P -8. All seized articles containing blood -stained, were sent for chemical examination to Forensic Science Laboratory. Forensic Science Laboratory report is Ex.P -17. After necessary investigation, charge -sheet was filed by the police against appellant for commission of offence under section 302, IPC.

(3.) WE have heard learned counsel for the parties and also perused the entire record of the case carefully.