SHASHI Vs. STATE OF M P

JUDGEMENT

(1.) The instant appeal has been filed by the accused/appellant Shashi against the judgment of conviction and order of sentence dated 28.04.2007 passed by Additional Sessions Judge, Lakhanadon, District Seoni in Sessions Case No.100/2000 by which the accused/appellant has been convicted for the offence punishable under Section 302 of IPC and sentence to undergo imprisonment for life and fine of Rs.1000/- with default stipulation.

(2.) In brief, the case of prosecution is that the appellant/accused was resident of village Patan. Prior to 4- 5 months of incident the accused brought Sohaga Bai and her four years old daughter Monu with him and kept them in his house. Sohaga Bai was living as wife of the accused in his house. On the date of incident 14.12.1998 at about 5:00 P.M. in the evening accused gave Monu to eat a fruit Guava. Monu refused to eat the fruit. Accused forced her to eat it and when again she refused accused became infuriated and started abusing and beating the little girl by feast and stick. Accused brutally kicked the girl and also crushed her body under his feet. Sohaga Bai tried to intervene and save her daughter and came out of the house and started shouting for help. Hearing his cry the witnesses Laxman, Rijham, Kashiram, Bhola Prasad, Sanjay Kumar, Mangal Prasad reached on the spot and found the little girl serious injured and almost unconscious. They asked the accused about the incident, the accused told them that he had beaten the girl because she was not obeying him. After sometime the girl succumbed to injuries. The accused was tied by a rope by the witnesses in the house and Laxman (PW-1) went to Police Station Lakhnadon and lodged the First Information Report (Ex.P/1). The Police registered the offence and also recorded the merge intimation (Ex.P/2) and conducted inquest. A panchanama of dead body of the deceased was prepared and body was sent for postmortem. A wooden stick was seized by which the accused had assaulted the deceased. Spot map (P/10) was prepared. In the postmortem it was found that deceased had sustained multiple injuries, her liver was ruptured and she was died of profuse bleeding due to injury of liver. During investigation the police has recorded statement of witnesses and thereafter submitted the charge sheet.

(3.) On commencement of trial, charges were framed by the trial Court against the accused/appellant for offences under Section 302 IPC. He abjured guilt, thereafter statement of 12 prosecution witnesses were recorded. Accused did not give any evidence in the defence. After completion of trial the trial Court vide impugned judgment found accused/appellant guilty for commission of offence punishable under Section 302 of IPC for murder of girl Monu and sentenced as mentioned hereinabove.