LURCHRIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) By this appeal, the appellant assails his conviction under section 302 of the IPC and sentence of imprisonment for life and fine of Rs.10,000/ - awarded thereunder: in default of payment of fine, further sentence of one years RI, by the learned 1st Additional Sessions Judge Alirajpur in Sessions Trial No. 365/2003 vide judgment dated 10.8.2005.

(2.) THE appellant was indicted for having caused murder of his wife along with one Kanhaiyalal who was charged under section 201 and Kabra @ Kunwarsingh charged under section 341 of the IPC. It was alleged that 10 days prior to 24.6.2003 in Village Walpur, deceased Bhagdibai, wife of the appellant, was assaulted by the appellant and grievous hurt was caused to her by the appellant while the other persons namely Kanhaiyalal with a view to screen the offence committed by the appellant had not taken the deceased for treatment and accused Kabra had kept her in the restraint. The matter came to light when a report was received from Dr. Kamlesh Devda to the effect that the appellant had assaulted the deceased (his wife) 10 days prior to the said report and she was having very high fever and, therefore, she was referred to the Barwani Hospital where she died on 25.6.2003. On the basis of the report, offence was registered and accused were prosecuted. Accused denied having committed any offence but the learned Additional Sessions Judge found the appellant guilty and convicted and sentenced him as hereinabove stated.

(3.) CHHAGANSINGH (PW 5), father of the deceased, has corroborated the version of his wife (PW 4) Pijaribai. He has stated that accused used to belabour the deceased after getting drunk. Before the Panchayat, his Maternal Uncle had given assurance that he shall not misbehave with the deceased. His daughter had informed that when she had not gone to wash the clothes, accused had caused injury by striking her with a stick.