SANJAY VISHWAKARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appeal has been preferred by the accused appellant aggrieved by conviction and sentence recorded by the 1st ASJ, Satna in S. T. No. 45/97 under sections 302 and 201 of IPC for causing murder of his wife Madhu vishwakarma.

(2.) BRIEFLY stated the prosecution case is that marriage of accused sanjay Vishwakarma was performed with Madhu in the year 1985, accused used to drink liquor and beat the deceased. He used to spend whatever money he was earning in drinking. Accused often used to threaten the deceased to kill her. This fact was informed to in-laws by Madhu number of times. On 9-10-96 accused committed murder of his wife. There was ligature marks found around the neck of deceased. The in-laws suspected that Madhu was done away with as such brother of Madhu, Manoj Kumar Vishwakarma (P. W. 1) lodged a Merg intimation at Police Station, Kotwali at about 12. 15 P. M. Merg intimation (P-1)was recorded at Crime No. 80/96. Inquest (P-2) was prepared, post-mortem was performed by a team of four doctors. Doctors opined that death was due to asphyxia, case was referred to Medico Legal Expert, Bhopal. Ligature marks and abrasions on the neck of deceased were found to be ante-mortem. Sons of deceased informed that accused had beaten the deceased on the date of incident also in the night due to that she was unable to speak. When preparation was being made for cremation of the body, a report was lodged by brother of deceased. As per the opinion of Medico Legal Institute, Bhopal, death was caused due to asphyxia because of strangulation as there were ligature marks on the neck, death was homicidal in nature. The death was caused in the room situated at 1st floor and body was placed, in order to remove the evidence, on the ground floor. Blood stained pillow from the cot of deceased was seized as per seizure memo (P-3), presence of human blood was found by FSL, Sagar. No poison was found in the viscera. Accused was charged for commission of offence under Sections 302 and 201 of IPC.

(3.) ACCUSED abjured the guilt and contended that he has been falsely implicated in the offence. He was in his shop and was informed by Gulab Tiwari at about 3. 30 a. m. that his wife was not well, he called Dr. Safi who declared that his wife has died. Rajesh Namdeo was in the house on the day of incident. His mother was sleeping along with both the children in the room on the ground floor. Rajesh Namdeo came in the night at about 1 o'clock to sleep in the house, at about 2 o'clock in the night on hearing his mother's hue and cry, he found that deceased was lying near the stair-case in the ground floor. Thereafter his mother summoned the accused through Gulab Tiwari. Thereafter in-laws were informed. Deceased used to consume Supari and Tobacco, deceased must have inhaled Tobacco/supari, that was the cause of death due to asphyxia, he was not responsible for committing murder of his wife.