AMARSINGH GOND Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 4- 12- 1995 passed by learned Additional Sessions Judge, Dindori in Sessions Trial No. 52/95, convicting the appellant under Section 302 IPC and sentencing him to suffer life imprisonment and fine of Re. 1/-, in default of payment of fine, further simple imprisonment of seven days, the appellant has knocked the door of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) Sans unnecessary details facts lie in a narrow compass. Suffice it to state that the case of prosecution is that on 19-3-1995 at 3.30 p.m. Chowkidar of village Rahangi, namely, Pachlu lodged the FIR in the Police Station Samnapur that in the morning at 9, Inder of his village came to his house and told that his Bhaujai (brother's wife) Lilawati (hereinafter referred to as 'the deceased') went to her parents' house at village Devalpur and came back in the morning. His brother came to his (Pachlu's) house and told that appellant has killed the deceased by plough. The incident has been witnessed by Pusiabai (PW. 1), who is daughter of the deceased and appellant.

(3.) On the basis of the FIR a case registered against the appellant. The police party arrived at the spot; seized the dead body; prepared requisite Panchnama; sent the dead body for post-mortem; seized ordinary and blood stained earth; recorded the statement of the witnesses; arrested the accused and seized plough which was used as weapon in the commission of the offence.