RAMDAS Vs. STATE OF M P

JUDGEMENT

(1.) In the instant appeal challenge has been made to the order of conviction and sentence dated 29.11.2005 passed by the 4th Addl. Sessions Judge (Fast Track Court) Damoh in Sessions Trial No. 272/2004 whereby the appellant has been convicted under Section 302 IPC and sentence to undergo rigorous imprisonment for life and fine amount of Rs.1000/-. In default of payment of fine, additional six months rigorous imprisonment.

(2.) According to the prosecution story appellant was married to deceased Rekha Bai. He was resident of Chhatarpur, on the date of incident he was in his in-laws house at Damoh on the occasion of Rakhi festival. It is stated that father of the deceased Birju and mother Janka Bai had gone to Damoh town. The appellant was with deceased Rekha Bai and a eight years old child Narendra at house. The appellant asked Narendra to bring 'Namkeen' and some other items from the market. Thereafter, when Narendra came back, he saw that the appellant was closing the door from the outside and when he was asked about this the appellant ran away from the spot. When Narendra entered into the house, he found that his sister was lying dead in the room. There was an injury inflicted by sharp edged weapon on the neck of the deceased. Some of the neighbuors Sundar Kuchbndia (PW-2) and Charan (PW-6) etc. reached at the spot and found that Narendra was crying and he informed about the entire incident to these persons. In the mean time the parent of the deceased Birju (PW-3) and Janka Bai (PW-10) came back and saw that their daughter was lying dead.

(3.) On the report of Birju, the criminal case was set at motion. Panchnama of the dead body was prepared and the same was sent for Postmortem. Copy of the Postmortem Report is Ex.P-25. The appellant was named in the FIR alongwith one Babu Ahirwar who has been acquitted by the Trial Court. Both the accused persons were arrested after a month on 05.10.2004 vide Ex.P-9 and Ex.P-21.