KUNWARLAL Vs. STATE OF M P

JUDGEMENT

(1.) In the present appeal challenge has been made to the order dated 24-10-2005 passed by the learned Additional Sessions Judge, Multai, District Betul in S.T. No.72/2005 whereby the appellant has been convicted under Section 302 of the IPC and sentenced imprisonment for life and fine of Rs.1000/-, in default, to undergo further rigorous imprisonment for one year; and under Section 201 of IPC to suffer rigorous imprisonment for 7 year and fine of Rs.500/-, in default of payment of fine amount to suffer further rigorous imprisonment for six months.

(2.) The prosecution case, briefly stated, is that on 22-01- 2005 at about 12 0'clock in the noon a written information was given by the appellant to the Police Station, Bordehi, District Betul regarding missing of his wife Kantabai. It was informed that on 19-01-2005 in the night around 10 PM after taking dinner the deceased was sleeping in her room and in the morning at about 7 AM when the appellant got up, he found that the deceased was not in the house. Thereafter, the police has registered the said complaint on 22-01-2005.

(3.) The appellant had further informed to the police that the dead-body of the deceased is lying in the well, then the police registered the 'Marg' intimation and after postmortem vide autopsy report (Ex.P-18) , offence punishable under sections 302 and 201 of the IPC was instituted.