MADHURI 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 14th July, 1998 passed by ii Additional Sessions Judge, Tikamgarh in sessions Trial No. 25/95, whereby the appellant has been convicted under Section 302 of I. P. C. and sentenced to life imprisonment with fine of Rs. 5,000/-, in default r. I. for six months.

(2.) THE brief facts of the prosecution case are that on 2-7-1995 Kishan was cleaning his teeth sitting near to a well situated at village Kachhora at about 9. 30 a. m. , at the same time, the appellant came with axe and caught hold of Kishan from behind and threw him into the well and hurled a big stone in the well upon him consequently he died. The report was lodged by his uncle kanhaiya Lal at outpost Khajuri wherein the crime under Section 302, I. P. C. was registered. This was sent to police station Palera wherein the Crime No. 01/95 under Section 302 was registered under Section 174 of the code of Criminal Procedure. Panchnama of dead body of Kishan was prepared. His dead body was sent for postmortem examination. Dr. C. P. Arya conducted postmortem and opined that death was caused by fracture of occipital bone due to coma. The packet of his clothes were seized. Spot map was prepared. One Kulhari, towel and shoes of deceased and two stones were also seized from the well. The statement of the witnesses were recorded under Section 161 of the Code of criminal Procedure. After completing the investigation, the charge sheet was filed in the court of Judicial Magistrate First Class, jatara, wherein the Criminal Case No. 236/ 95 was registered which was committed to the Sessions Court on 7-2-1995.

(3.) THE appellant stood charged under section 302 of Indian Penal Code that on 2-1-1995 at 9. 30 a. m. on the well situated at village Kochhora he committed the murder intentionally or (knowingly) caused the death of Kishan and thereby commited an offence punishable under Section 302 of Indian Penal Code.