MUKESH SINGH KIRAR Vs. STATE OF M P

JUDGEMENT

(1.) The present appeal is preferred by the appellant-Mukesh, being aggrieved with the judgment of conviction and sentence dated 03/08/2001, passed by Additional Sessions Judge and Special Judge, Gwalior (MP) in Sessions Trial No. 120/2000, whereby the appellant has been convicted of offences under Sections 302 and 201(1) of IPC and sentenced to life imprisonment and three years' rigorous imprisonment with a fine of Rs. 1,000/-

(2.) Prosecution case, in short, is that the deceased- Seema was wife of appellant- Mukesh. On 11.01.2000, the witness Tej Singh (PW1) maternal uncle of the deceased, had intimated the SHO, Police Station Morar that Seema was brought from the house of the appellant to village Chhera by her father Uttam Singh (PW4) and thereafter, Tej Singh, maternal uncle of the deceased took her to his house at Durga Nagar, Morar where his children, namely, Arvind (PW3), Banwari (PW6) and Sarita were residing. On 12.01.2000 at about 7:00 am Arvind went to the house of his father Tej Singh at Village Methana and informed that the deceased Seema was hanging with her saree in a room. Tej Singh along with other witnesses immediately rushed to his house at Durga Nagar, Morar and saw the dead body of the deceased Seema and thereafter, a marg intimation Ex.P/1 was lodged at the police station Morar.

(3.) The concerned CSP Mangal Singh (PW11) went to the spot and prepared a Panchnama Lash Ex.P/3 and sent the dead body of the deceased for post mortem. Dr. JN Soni (PW10) along-with Dr.VK.Dewan performed the post mortem on the body of the deceased and found that there was no external injury on her person. Only few drops of blood were oozing from her right ear and there was a bite mark on her tongue caused by her own teeth. There was a ligature mark on her neck, which was 4cm wide and 6 cm below the mustard bone. The skin was removed on the ligature mark, then the blood clotting was found below the wound. A saree was also found tied on the neck of the deceased and knots were found at two places. According to Dr.JN Soni, the deceased died due to strangulation caused with the help of saree. On enquiry the witnesses Arvind (PW3) and Banwari (PW6) had informed that on 11/01/2000, the witnesses along-with deceased Seema went to Gwalior fete. The appellant was working in a shop of electronic goods. He talked with the deceased for few minutes and thereafter, he came in the evening to take a dinner with a promise that he would come at 11:30 in the night. At 11:30 in the night, he came to the house of deceased Seema and took her and stayed in a room at the hack portion of the house. When children Banwari and Arvind got awake in the morning, they found the deceased hanging. Thereafter, Arvind immediately went to village Methana to inform his father and thereafter, a marg intimation was lodged. Police examined various persons. One mattress and rajai (quilted blanket) were recovered with a pretext that those were stained by human blood. Various articles were sent for Forensic Science Analysis and the charge-sheet was filed before the Chief Judicial Magistrate, Gwalior, who committed the case to the Court of Session and ultimately it was transferred to the Additional Sessions Judge and Special Judge, Gwalior.