PRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order of conviction under the provisions of Section 302 of the Indian Penal Code with life imprisonment and fine of Rs.2,000/-; in default of payment of fine, 06 months' additional simple imprisonment by the Court for First Additional Sessions Judge, Mungaoli, District Guna in Sessions Trial No.213/2005 vide judgment dated 15.05.2007 (State through Police Station Mungaoli, District Guna v. Prakash Son of Ganpat Adiwasi).

(2.) The case of the prosecution in short is that the appellant was living with his wife at Village Chiroli and on 19.04.2005 at about 9.30 PM, fire was seen at the house of Ballu Adiwasi, as a result of which Niran Singh, Jai Singh, Prema, Harlal and Munna after witnessing such fire reached the place of the incident and saw the accused-appellant beating his wife Rajobai brutally. He had cut her nose with an iron blade and when the accused-appellant saw them, he ran away. Rajobai informed the gathering which had assembled at the place of the incident that accused Prakash had put Ballu's house on fire and thereafter Rajobai was kept on a Cot, but because of her injuries, she died.

(3.) Fir was lodged vide Ex.P/8-A under the provisions of Section 302/436 of the Indian Penal Code on 20.04.2005 at about 07.00 hours against the appellant registering at Crime No.16/05. In the FIR, it is categorically mentioned that it was lodged by Munna Adiwasi Son of Sumai Adiwasi alongwith Ballu Adiwasi mentioning that at about 9.30 PM on 19.04.2005, they saw the house of Ballu on fire and they witnessed that Prakash Adiwasi was beating his wife Rajobai with an intention to kill her with an iron blade and had cut her nose. When everybody shouted, Prakash ran away and Rajobai informed that Prakash had put the house of Ballu on fire and after sometime, she succumbed to the injuries.