JAYRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal is filed against judgment passed by learned Second Additional Sessions Judge, Khargone in Sessions Trial No.202/2012 dated 17/08/2013, wherein, learned Additional Sessions Judge convicted the present appellant under Sec. 302 Penal Code and sentenced him to life imprisonment and fine of Rs.20,000.00 with default stipulation.

(2.) The prosecution story in brief is that present appellant and deceased Suklibai are husband and wife. They both went to work as labourer about two years prior to the incident towards Baidiya. They reached back home located at village Semalkut and were staying in house of father of the appellant about four-five days prior to the incident. The incident occurred on 29/08/201 The other members of family went to the field and working in field. The appellant and the deceased were at home and also Ganji (PW/9) - a girl of 10 years was also at home, who is daughter of Tetu - one of the relatives of appellant. The appellant asked his wife to cook food for him, which she refused. On this, he picked up Kharaliya, which is a wooden piece, used in the wheels of bullock-cart and gave one single blow on head of the deceased, due to which, she sustained fatal injury and died. The girl Ganji saw the incident. She informed other members of the family. They reached back to the house and saw the deceased lying injured. When they checked, they found that she had already expired. The appellant fled away and was not found in the house. The matter was reported by Gamar Singh (PW/10) - brother of appellant at about 030 p.m., while the incident took place at 11.00 a.m. The police reached on the spot and after due investigation charge-sheet was filed.

(3.) Learned Sessions Court framed the charge under Sec. 302 IPC, recorded evidence of prosecution and statement of accused under Sec. 313 Cr.P.C and holding him guilty under Sec. 302 IPC, sentenced him as aforesaid, against which, this jail appeal is filed.