SUKHLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant stands convicted under S. 302 of the Indian Penal Code and sentenced to life imprisonment for uxoricide vide judgment dated 29th April, 1988, passed in Sessions Trial No. 215 of 1986, by Second Additional Sessions Judge, Bilaspur.

(2.) The facts giving rise to this appeal are thus. The appellant along with his wife Sonkunwar Bai (since deceased) and the child were going on 12-5-1986 to the bank of river for fishing. On way, altercation took place betwen the two. During the altercation, the deceased slapped the accused across the face. On this, the accused took out his bow and shot an arrow on the chest of his wife. The deceased cried for help. Hearing this, Phoolmatia bai (P.W. 1) came there. She saw Sonkunwar Bai lying near the bank of the river; blood was oozing from her chest. On asking by P.W. 1, the deceased told that her husband shot an arrow on her chest, she will not survive. Then P.W. 1 asked the accused about it. Accused told P.W. 1 that first his wife had beaten him then he shot the arrow. After telling this, the accused took up the child and ran away towards Hasdo river. P.W. 1 frightened of it went to fishermen near the river. Parents and brother of the accused were informed about the occurrence, who came and saw the child weeping near the river; but the deceased was not found. On way to the village one Sonsai met them and told that Sonkunwar is lying in a small cottage in front of his house. All reached there and saw Sonkunwar with profused bleeding from her chest. She was not in a position to speak and died in between 3-00-4-00 a.m. Phoolmatia Bai (PW. 1) lodged the report (Ex. P1) at about 7-00 p.m. on 13-5-1986 at Police Chowki Korbi. A Marg under S. 302 of the IPC at 'O' number was registered vide Ex. P. 18. Then Crime No. 31 of 1986 under S. 302 of the IPC was registered at Police Station Pasan on 14-5-1986 vide Ex. P. 17. A Panchnama Lash (Ex. P. 21) was prepared on 14-5-1986. From the spot blood stained earth and controlled earth was seized vide Ex. P. 3. The dead body was sent for post mortem. Dr. Bhimprasad Kanwar (P.W. 16) performed the autopsy on 15-5-1986 at about 11-15 a.m. The post mortem report is Ex. P. 13. The arrow was found in the left ventricle of heart. The direction of arrow was out to in medially and down wards and backwards. It pierced through pleura and lobe of the left lung. Autopsy Surgeon did not give any definite opinion about the cause of death due to highly decomposed body.

(3.) The accused denied the charge under S. 302 of the IPC. To prove the charge, the prosecution examined as many as 17 witnesses and exhibited 25 documents. The trial Court after appraisal of evidence convicted and sentenced the accused as aforesaid.