BADDA BHIL Vs. STATE OF M P

JUDGEMENT

(1.) APPEAL is directed against the judgment and order dated 13. 2. 91 of the 1st Addl. Sessions Judge, Ratlam passed in S. T. No. 80/90 whereby accused-appellant has been convicted u/sec. 302 of IPC for having committed murder of his wife Etudi on 28. 11. 89 at 7 a. m. in Village Patarwali Raoti and sentenced him to imprisonment for life.

(2.) THE prosecution story in brief is that deceased Etudi was married to accused. She was living alongwith her husband i. e. accused. Dhapubai, mother of Etudi, used to visit them off and on. Prior to the date of incident Dhapubai had come to visit her daughter alongwith Gobaria who was related to Etudi as nephew. They assisted accused in agricultural operations. On the date of incident Dhapubai was getting ready for returning back to her village. Etudi also insisted in accompanying her mother. Accused got annoyed and caused injuries by axe. Etudi raised alarm. Dhapubai tried to intervence. She also raised alarm. Other persons assembled there.

(3.) DHAPUBAI lodged FIR Ex. P. 1 on the same date at about 11 a. m. Head Constable Shivkumar Shukla (P. W. 10) recorded the same and registered an offence u/sec. 307 IPC vide Crime No. O/89. Etudi was sent for medico-legal examination with a letter of request Ex. P. 8. Dr. B. L. Mangria (PW. 8) examined Etudi and found following injuries :