MOHAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction passed by the learned Sessions Judge, Jhabua in S.T. No.203/1998 dated 23.01.1999, whereby the learned Sessions Judge found the present appellant guilty for offence under Sec. 307 of Penal Code and sentenced him to 3 years R.I.

(2.) It is admitted in this case that the injured Jokhalibai is the wife of the present appellant and it is also admitted that Ramesh PW-2 and Poonam PW-3 are children of the present appellant and injured Jokhalibai.

(3.) The prosecution story in brief is that on 19.01998 at about 9 P.M., the injured Jokhalibai was cooking food. The present appellant was also at home. He was working as Home Guard. He started using abusive language against the injured Jokhalibai and said that he will not leave her alive and thereafter, it is alleged that he inflicted three injuries by a sphere. The first injury was in the abdomen due to which the small intestine came out. The second injury was on her chest which was deep cavity and third injury was on left wrist which was V-shaped. The learned Sessions Judge found the present appellant guilty for offence under Sec. 307 of Penal Code and sentenced him to R.I. as aforesaid.