MANGAL SINGH @ MANGLU Vs. STATE OF M P

JUDGEMENT

(1.) In the instant appeal, a challenge has been made to the order of conviction under Section 302 of IPC and sentence to imprisonment for life with fine of Rs. 1,000/-. In default of payment of fine three months additional imprisonment.

(2.) According to the prosecution, on 14.03.2006 at about 9 pm, the appellant demanded money from his wife deceased Smt. Kamla @ Bhagwati Bai to buy liquor. She refused to give money. The appellant had given blows with a piece of burning wood stick on the head of the deceased, on account of which she fell down and died. The son of the deceased Lakhan Lal had informed about the death of his mother to one Ram Vilash (Kotwar) examined as P.W/2. He intimated about the death of the deceased Kamla @ Bhagwati Bai to the police and the criminal case was set at motion.

(3.) After preliminary investigation, FIR Exhibit-P/2 was registered. The investigation was carried out by I.O. P.W/1 Shri B.S.Thakur who has been examined as P.W/8. He prepared the spot map, panchnama of spot map Exhibit-P/6 and also dead body panchanama Exhibit-P/7. The dead body was sent for medical autopsy and the postmortem report is Exhibit-P/2 which was conducted by Dr. Satendra Uikey P.W/1. The lathi which is alleged to have been used was also seized vide Exhibit-P/10. The seized articles were sent for chemical examination. There is no eye witness to the incident. The prosecution has examined as many as eight witnesses to prove its case on circumstantial evidence.