KAILASH Vs. STATE OF M P

JUDGEMENT

(1.) In the instant appeal, a challenge has been made to the order of conviction and sentence dated 19.11.2005 passed by Third Additional Sessions Judge (Fast Track) Khandwa, whereby the appellant has been convicted under Section 302 of IPC and sentenced to RI for life with fine of Rs. 1,000/- and also under Section 25(1) (B) of the Arms Act, 1959 and sentenced to RI for one year and fine of Rs.1,000/- in case of default of fine, additional RI for three months in both the sections.

(2.) The prosecution case is that on 23.03.2005 in the evening at 06:30 pm. at village Rampuri, Daya Bai, wife of the accused was sitting in courtyard of her house, accused had come on a bicycle and taken out one long knife from the bag and with knife moved to kill her. However, the deceased Ranu came in between and the injury was received by her on abdomen area. On soughting of Daya Bai, her brother Tarachand also rushed at the spot and tried to stop the accused was also inflicted injury on his hand. The also inflicted injury to one Kalla on his abdomen and hand and thereafter inflicted injury to himself.

(3.) Intimation was given by Daya Bai on 23.03.2005 itself and the dehati-nalishi (Exhibit-P/4) was registered. After preliminary investigation, FIR was registered vide ExhibitP/6. The dead-body of deceased Ranu was sent for postmortem. The postmortem report is exhibited as ExhibitP/2, which was conducted by Dr. Anil Kumar (PW-6).