MULAI Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has been found guilty for commission of offences under section 302 and 201 IPC and has been awarded Life Imprisonment and 3 years R. I. respectively, in the aforesaid two offences by Second Additional Session Judge, katni, in Sessions Trial No. 774/1995 decided on 9-3-1997. Hence, this appeal.

(2.) WE have, accordingly, heard learned Counsel for the parties and perused the record.

(3.) IT is not disputed before us that Munni Bai, the deceased, was the wife of this appellant. According to P. W.-18 Dr. R. S. Asrani, who had performed the postmortem on the body of deceased, death was homicidal in nature, but the cause of death could not be affirmatively ascertained. In the windpipe carbon suit particles were not found, but her thyroid bone of neck was found to be fractured. The postmortem report is Exhibit P-15 proved by this doctor. She had also sustained burn injuries to the extent of 30 to 40%. According to the doctor, her death was due to shock.