KASHI RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the order of conviction and sentence passed by Second Additional Sessions Judge, Seoni, in S.T. No. 55/1992, decided on 28.4.1995, appellant has preferred this appeal.

(2.) Appellant has been convicted under section 302 of IPC for committing murder of his wife Mullo Bai and sentenced to imprisonment for life with fine of Rs. 1,000/-, in default rigorous imprisonment for three months by the impugned judgment.

(3.) According to prosecution, deceased Mullo Bai was married to appellant about three years prior to the date of occurrence. On the morning of 9.1.1992 at Village Pusera, District Seoni, Mullo Bai was found dead and hanging with bamboo wood of the roof of appellant's dwelling house, where she used to reside with him. The intimation of her death was given to Police Bandol by one Lakhan, son of Gorelal and merg intimation was recorded at his instance at Police Station Bandol on 9.1.1992 and merg inquest was made. The body of deceased Mullo Bai was sent for postmortem examination, which revealed that hanging of the deceased was postmortem. However, her viscera was preserved and sent for chemical examination. After merg enquiry, it was revealed that deceased Mullo Bai used to reside with the appellant in a separate room of the house of appellant. Appellant did not do any work or job and used to ill- treat his wife Mullo Bai. On the night intervening between 8th and 9th Jan. 1992, appellant quarrelled with his wife Mullo Bai and committed her murder and thereafter hanged her by means of a rope with bamboo wood of the roof of his house so as to give it colour of suicide and went away to his field.