SHIVKUMAR YESHU Vs. THE STATE OF M.P.

JUDGEMENT

(1.) The accused/appellant has preferred the present appeal under Section 374(2) of Cr.P.C., being aggrieved of the judgment and conviction dated 27.1.2005 passed by Sessions Judge, Balaghat in Sessions Trial No.132/2004, whereby the appellant has been convicted for commission of offence punishable under Section 302 of IPC and sentenced to undergo R.I. for life and to pay fine of Rs.5,000/-, with default stipulations.

(2.) The case of the prosecution in brief is that the appellant is the husband of deceased Smt.Yogeshwari Bai. He is living with his wife and son Praveen Kumar, aged about 7 years in the village Binjhalgaon. The appellant used to make demand of money from his wife and harass and beat her. The deceased had also lodged a report at Police Station Lanjhi in the year 2003 against the appellant alleging the harassment and cruelty practised to her by the appellant. After this report, the appellant made a compromise with his wife and again started living with her. On 12.5.2004 in the night the appellant assaulted the deceased mercilessly and caused her fatal injuries. The son of the deceased namely Praveen Kumar informed the neighbours about the incident and lateron father of the deceased namely Lalchand (P.W.1) was intimated by the neighbours about the incident. Lalchand arrived at the house of appellant and found his daughter lying unconscious in an injured condition. He took the deceased to Police Station Lanjhi, where he lodged FIR Ex.P-2. Police sent the deceased for medical examination to Primary Health Centre, Lanjhi where Dr.R.K.Mishra (P.W.5) examined her and referred for further treatment to District Hospital, Balaghat. The deceased was brought to Balaghat where she succumbed to her injuries on the same day. Police initiated the inquest, prepared panchnama of dead body and sent the body for postmortem. During investigation spot map was prepared. The statements of witnesses were recorded and after completion of usual investigation, the chargesheet has been filed.

(3.) The appellant has been charged for offence punishable under Sections 302 of IPC. Accused/appellant abjured guilt and pleaded innocence. The prosecution has examined 9 witnesses, whereas the appellant has not adduced any evidence in his defence. The trial Court on appreciation of evidence found the appellant guilty for commission of murder of his wife and sentenced him, as stated herein above. Against this the appellant has preferred this appeal.