MEWALAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and sentence passed by the learned Vth Additional Sessions Judge, Indore in S.T.No.842/2012 dated 15.02013 whereby the learned Additional Sessions found the present appellant guilty under Sec. 302 of Penal Code and sentenced him to life imprisonment and fine of Rs.1000.00 with default stipulation. The present appellant stood charged before the trial Court under Sections 302 and 377 of IPC.

(2.) The prosecution story in brief was that on 26.02012, the complainant who is daughter of the present appellant, Neha Kaithwas-PW-1, lodged a written complaint at Bhandari Hospital and Research Centre where the mother of the complainant, the deceased was shifted after the incident. The complainant was living with her younger brother Ankit, mother, the deceased Lalita and father, the present appellant. On 26.02012, the whole family went to sleep at about 8-8.30 and around 12-130 A.M. in the night, she heard cries of her mother. When she got up, she saw that the present appellant, her father, after throwing her mother on the floor, was sitting on her and was strangulating her. Her younger brother also got up and hearing cries of her mother, a neighbour Sanjay PW-3 also reached there. They got her mother released from hold of the present appellant. Her mother came out of the room and then she fell down and went unconscious. The complainant and her younger brother ran to call their maternal uncle Sunderlal Kaithwas PW-2, who lived nearby. When PW-2 came on the spot, neighbour Sanjay PW-3 narrated the whole story to him. She also stated in the complaint that the present appellant used to do obscene acts with her. He used to ask her to remove her clothes and also to take his private part in her mouth. The deceased Lalita used to object on this acts of the appellant and therefore, annoyed by her interference, he killed her.

(3.) Charges under Sections 302 and 377 of Penal Code were framed against the present appellant. The trial Court found that the charge under Sec. 377 of Penal Code was not made out and therefore, the present appellant was acquitted of charge under Sec. 377 of IPC, however, he was found guilty under Sec. 302 of Penal Code for committing murder of his wife and sentenced him to life imprisonment as aforesaid. Aggrieved by the judgment of conviction and sentence, this present appeal is filed by the appellant.