SURESH CHANDRA JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 24.11.1994 passed by learned Sessions Judge, Gwalior in Sessions Trial No. 170/86 convicting appellant under Section 302, IPC and sentencing him to suffer life imprisonment, the appellant has knocked the door of this Court by preferring this appeal under Section 374(2) of Cr.P.C.

(2.) In brief the case of prosecution is that Mithlesh (hereinafter referred to as 'the deceased") is the wife of appellant Suresh Chandra. It is said that appellant was having illicit relations with one Durgesh Nandani as a result of which deceased was an eyesore to the accused persons. In order to kill the deceased, in the night of 29.5.1986 at 9 poison was administered to her as a result of which her physical condition became deteriorated and ultimately she became unconscious as a result of which she was transmitted to Nursing Home of Dr. Bhagwanswaroop Gaurh where the doctor found her condition to be serious as such she was referred to the J.A. Group of Hospital, Gwalior where the deceased was treated by Dr. Ripudaman, but she could not survive and ultimately, she died on 30.5.1986 at 11.45 in the morning.

(3.) On account of the death of the deceased, an information was sent to the concerning police station where merge intimation was registered. The investigating agency arrived in the hospital; prepared the Panchayatnama of the dead body but did not find any injury on her person. The dead body was sent for post-mortem and the viscera of the deceased was sent to the chemical examiner.