RAMCHANDRA NANDRAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred by the accused Ramchandra against the judgment and order dated 24th September, 1993 passed by Vth Additional Sessions Judge, Ujjain in S. T. No. 71/93 whereby the appellant was convicted under section 302 of the Indian Penal Code and sentenced to life imprisonment.

(2.) THE prosecution case, in brief, is that the appellant was residing on the first floor of his house in a room with his second wife Nanubai, the deceased, and his son Dinesh @ Jagdish (PW 3 ). In the adjacent room his brother Babulal (PW 6) was living with his wife Mangubai (PW 5) and his son Ashok (PW 4 ). While their father Nandram (PW 1) was living in a separate house. In the night of 6th October, 1992 the appellant demanded some money for purchasing 'bidi' which was not accepted by the deceased Nanubai, the wife of the appellant and some quarrel took place on this matter. On the next day (7th October, 1992) at 6-7 a. m. the appellant took out an axe and gave axe-blows on the neck and head of his wife Nanubai near the hearth where she was sitting to prepare food. The son of the appellant Dinesh @ Jagdish (PW 3) aged about 8 years, shouted not to kill his mother. Mangubai (PW 5), the wife of Babulal, hearing the shouts of Dinesh @ Jagdish, rushed to the room of the appellant. She saw the appellant armed with axe. He seeing her, threw axe and fled away from his house. She saw that Nanubai was injured and she was profusely bleeding. She sent her son Ashok (PW 4) to call her father-in-law Nandram and also called her husband Babulal. Nandram and Babulal came on the spot. They saw the dead body of the deceased Nanubai. Immediately Nandram and Ramlal (PW 7) went to P. S. Unhail where Nandram lodged F. I. R. Ex. P/1 which was recorded by Eshwarya Shastri (PW 11), S. H. O. Unhail. He registered crime No. 119/92 under section 302 of the Indian Penal Code and started investigation. He reached the spot and summoned witnesses and conducted inquest of the dead body of Nanubai and prepared report Ex. P/10 and sent the same to Primary Health Centre, Unhail for post mortem examination. He prepared spot-map Ex. P/10 and seized stained and unstained earth from the place of incident vide seizure memo Ex. P/5. He also seized axe from the room of the appellant vide'seizure memo Ex. P/4. Eshwarya Shastri on that very day arrested the appellant vide arrest memo Ex. P/10 and seized his shirt, baniyan and dhoti from his body vide seizure memo Ex. P/7. Dr. R. C. P. Sisodiya (PW 2) performed autopsy and found the following injuries on the dead body of Nanubai:

(3.) THE certified copy of the judgment dated 29th September, 1978 of Cr. Case No. 623/75 passed by J. M. F. C. Khachrod whereby the appellant was convicted under sections 324 and 325 for having caused injuries to his first wife Ramibai (P. W. 10 ). After completion of investigation, challan was filed. The appellant pleaded not guilty and false implication. The learned Sessions Judge convicted and sentenced the appellant as stated earlier, hence this appeal.