LOKSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant stands, convicted for an offence under Section 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life vide judgment dated 21 -9 -1987 passed in Sessions Trial No. 37/87 by the Sessions Judge Rajnandgaon.

(2.) THE prosecution case in brief is thus: - On 4 -9 -1986, in the morning appellant went to the house of Suklu (PW 1), Village Patel and made an extra judicial confession that in the night there was an altercation with his wife on cooking over meals on that he had killed his wife, whose dead body was lying in the Badi of the house. Suklu (PW 1) and other vtllagers assembled and came to the house of the appellant where they saw the dead body of Phool Kunwar under the Dhawra tree. These persons also saw an injury below the left eye. After seeing the dead body, Suklu (PW 1) lodged the First Information Report (Ex. P.l) at Police Station Rengakhar, District Rajnandgaon. After investigation the appellant was tried under Section 302 of the Indian Penal Code. To prove the charge, the prosecution examined Suklu (PW 1), Bhaktu (PW 2), Sundersingh (PW 3), Kishorilal (PW 4), Jhumuk (PW 5), Baisakhin Bai (PW 6), Sukamsingh (PW 7), Raghurajsingh (PW 8), Pirit (PW9), Tijau Ram (PW 10), Yashwantsingh (PW 11), Dr. N. P. Tamrakar (PW 12), Damodarsingh (PW 13) and V.K. Mishra (PW 14), Investigating Officer. In post mortem report Dr. N.P. Tamrakar (PW 12) found the following injuries on the body of the deceased:

(3.) MR . Rajeev Shrivastava learned counsel for the appellant and Mr. A.K. Khaskalam, Deputy Advocate General for the State, heard.