SONULAL @ SONELAL Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment, finding and sentence dated 19.06.1998 passed by II Additional Sessions Judge, Jabalpur in Sessions Trial No.151/97, whereby the appellant has been convicted under Section 302 of Indian Penal Code and sentenced to life imprisonment for committing the murder of his wife Kaushalya Bai.

(2.) The admitted facts are that Kaushalya Bai was the wife of appellant Sonulal @ Sonelal. Lakkhu @ Lakhanlal (PW-5) and Tulsa Bai (PW-6) are their children. Chanda Bai (PW-1) is the mother, Nokhelal (PW-2) is the brother and Dulari Bai (PW-4) is the Bhabhi (wife of elder brother) of deceased Kaushalya Bai. They were residing in the same village Laudi.

(3.) The facts of the case in short are that Nokhelal lodged the report on 28.01.1997 at 9:30 a.m. at police station Bargi wherein it was stated that his nephew Lakkhu came at about 6:00 a.m. in his house and apprised him that his mother Kaushalya Bai is lying on the door putting her head downward and excessive bleeding was there. He asked as to what has happened on which he narrated the story that at night 1:00 p.m. his father-appellant entered in house after pushing the door and quarreled with his mother Kaushalya Bai. He inflicted the Lota blows and other something to his mother. At that time, the chimni was burning. He became frightened and slept. He went to the spot and found that his sister is dead.