DAUWA @ VISHWANATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by the judgment dated 6.12.2005, passed by learned Sessions Judge, Shahdol in Sessions Trial No. 136/2005, whereby the appellant has been found guilty for the offence punishable under Sec. 302 of Penal Code and has been sentenced to undergo life imprisonment and fine of Rs.100.00with default stipulation.

(2.) The prosecution story setting in motion the aforesaid trial, in nut shell, is that on 24.04.2005 at around 11.30 AM, Jaimantri (PW.1) who is mother-in- law of the accused-appellant had lodged a report Ex.D/1 to the effect that the accused had assaulted and killed her daughter Amsiyabai with a Tangi .

(3.) According to the prosecution, Anita (PW.2), daughter of the deceased, came to call Jaimantri (PW.1) at the behest of her father appellant Dauwa. Jaimantri (PW.1) when reached the house of accused at 8 AM in the morning, she found Amsiyabai lying dead. She was informed by the wife of Prabhua that some girls had seen the appellant assaulting his wife with Tangi near the river.