SHIVLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant is aggrieved by the judgment of conviction and order of sentence dated 16.10.2006 passed by the IInd Additional Sessions Judge, Sagar in Sessions Trial No.384/05, whereby appellant has been found guilty of having committed murder of his cousin Meena, a young girl aged about 13 years on 09.04.2005 at about 9:00 a.m. in the morning at village Ghavra in District Sagar.

(2.) On the date of the incident, parents Gopi (PW-4) and Sheela Bai (PW- 1) had gone to a nearby forest to collect Mahua. They left home quite early in the morning, leaving behind their children at home. Around 7:00 a.m., appellant came to the house of Gopi and asked the Meena (since deceased) to give food. Meena asked him to wait a while, thereupon appellant gave two blows with an axe (which he was carrying) on neck and decapitated her. Thereupon he fled from the spot. The incident was seen by younger siblings, Kamlesh (PW-3), Bharti (PW-7) and Neha (PW-8). Hearing their outcry, villagers gathered and Ashok and Durju went and informed parents who returned home and found Meena lying dead in a pool of blood. Gopi went and lodged the FIR Ex.P/5 naming appellant as the author of the crime. This set the investigation rolling.

(3.) After the inquest, the corpus was sent for post-mortem. The autopsy was conducted by Dr. U. S. Pandey (PW- 13) and his report is Ex.P/13. According to Doctor Pandey, he found two deep incised wounds on the neck, which were caused by sharp edged object. Injuries were ante-mortem in nature and the deceased died within 24 hours from the time of post-mortem examination. In the opinion of Doctor, the cause of death was due to severe haemorrhage, shock and coma as a result of the neck injuries. Therefore, a case under Section 302 of the IPC was registered against the appellant and after completing the investigation charge sheet was filed and appellant put to trial for an offence punishable under section 302 of the I.P.C.