UNKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Aggrieved by the judgment of conviction and sentence passed in S.T.No.382/2013 by learned Additional Sessions Judge, Kukshi, District Dhar, dtd. 18/1/2014, this criminal appeal is filed challenging his conviction under Sec. 302 of IPC and sentence of life imprisonment and fine of Rs.2,000.00 with default stipulation.

(2.) The prosecution story in brief is that the deceased was wife of Bhuvan PW4. Bhuvan was earlier married to one Tarlibai, who eloped with some another person about 10-15 years prior to the incident which took place on 8/9/2013. The deceased was residing with Bhuvan as his wife. The present appellant is son of the deceased Ramtubai from her first husband. The complainant Shardabai is daughter of first wife of Bhuvan, PW4 and Tarlibai. She is married but on the date of incident, she came to her parents' house. As per the facts stated in the FIR, the incident took place on 8/9/2013 at about 6 p.m. The appellant was fighting with the deceased Ramtubai. He was unhappy that she left him alone with his father and contracted second marriage with Bhuvan. On this, they fought and then it is alleged that he gave various blows by fists and kicks and also gave a blow by stone on back of head of the deceased. According to the post-mortem, the cause of death was due to rupture of spleen, due to which haemorrhage took place and abdominal cavity was found filled with blood. Aggrieved by this judgment and conviction this criminal appeal is filed.

(3.) Learned counsel for the State opposes this appeal on the ground that all the witnesses supported the prosecution story and, therefore, no interference is called for.