RAMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the order of conviction and sentence passed by sessions Judge, Sagar, in ST. No. 57/96, decided on 4-10-96, appellant has preferred this appeal.

(2.) APPELLANT has been convicted under Section 302 of IPC for committing murder of Ku. Shradha Koshti and sentenced to imprisonment for life with fine of Rs. 1,000/- in default, imprisonment for one month by the impugned judgment.

(3.) ACCORDING to prosecution, on 28-10-1995, at about 6 O'clock in the evening, at Vivekanand Ward, District Sagar, when deceased Shradha Koshti (hereinafter to be referred as "deceased") was sitting at the house of her maternal aunt Munnibai with her back towards the door of the house, appellant ramesh came there with a knife and gave two knife blows on her back with intent to kill her and fled away. Shradha Koshti was taken to the Police Station, moti Nagar in injured condition, where she lodged the FIR. She was then sent to the hospital for treatment, where she succumbed to her injuries and expired at 11 O'clock on the same night. The intimation of her death was given to the police by the hospital authorities. Merg intimation was then recorded and merg inquest was made. The dead body of deceased Shradha Koshti was sent for post-mortem examination. Blood stained and plain earth were seized from the spot. During investigation, appellant was arrested and the knife used in the commission of offence was seized at his instance and a blood stained shirt was also seized from him. After due investigation, appellant was prosecuted under Section 302 of IPC and was put to trial.