TUKARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 8-4-1999 of the learned second Additional Sessions Judge, Khargone in Sessions Trial No. 104/1998 by which the appellant has been convicted under Section 302 of the IPC for voluntarily causing death of his wife Kadvibai and sentenced to imprisonment for life and fine of Rs. 250/- and also under Section 309 of the IPC for attempting to commit suicide and sentenced to one month's simple imprisonment.

(2.) ACCORDING to the case of the prosecution, the appellant suspected fidelity of his wife Kadvibai particularly with regard to her promiscuous relation ' with the father of the appellant. There were frequency quarrels between the spouses on account thereof. On 5-1-1998, the father of the accused had come to the village in connection with a death. On that day, the deceased Kadvibai, had left at 4 P. M. to collect cow dung. At 6 P. M. , it was learnt by Dinesh that his mother Kadvibai was lying dead in the field of Ratan Patel and the accused was also present there. On hearing the said news, the son of the deceased rushed to the place and found that Kadvibai was lying dead but the accused was not there. It was suspected that the accused had caused death of Kadvibai on suspicion with regard to her character. On report being made, inquest was held and the body was sent for post-mortem examination. The post-mortem examination was conducted by Dr. V. K. Sharma (P. W. 7) who gave report (Exh. P-8 ). The testimony of Dr. Sharma and the report indicate that no injury was found on the deceased but she had died asphyxial death. For determination of the case of death, the viscera was preserved and advised to be sent to the Laboratory for examination though it was suspected that it was a case of consumption of organo phosphorus poisoning.

(3.) ACCUSED was also sent for medical examination. Dr. Yeshwant malge (P. W. 10) examined the accused and gave report (Exh. P-13 ). In this report it was stated that he was semiconscious but unable to give any statement. His pupil were constricted and he was exuding smell of organo phosphorus compound from his mouth and perspiration. The stomach washing had been preserved.