MADAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 26.12.1998 passed by the First Additional Sessions Judge, Jabalpur in Sessions Trial No.467/1997, convicting him under Section 302 of the Indian Penal Code and sentencing him to life imprisonment alongwith fine of Rs.2,000/- with default stipulation.

(2.) It is pertinent to mention that despite repeated calls even in the third round, none appeared to argue the case on behalf of the appellant. Since the appellant is in jail for about 10 years, in the light of law laid down by the Apex Court in Bani Singh & others Vs. State of U.P., AIR 1996 SC 2439, we ourselves perused the impugned judgment and record of the Trial Court with the assistance of Shri R.S.Patel, the learned Additional Advocate General and examined the case on merits with all care and caution.

(3.) In brief, the prosecution case is that the husband of Mayabai (deceased) had died. After the death of her husband, she started living with the appellant as his mistress. A few days before the incident which occurred on 21.04.1997, the father of Mayabai also died. After the death of her father, Mayabai started living at her father's house situated at PWD Office, Set No.20, Kanchanpur. On 21.04.1997 at about 6:45 pm, the appellant went there to fetch Mayabai, but she refused to go with him whereupon he dealt two blows with a knife on her neck and ribs. Sunil (PW-1) and Manish, sons of Mayabai, informed Ramnaresh (PW-2) about the occurrence, who then went to her house. When he was carrying her to the Police Station in a cycle rickshaw, on way near Sanjay Nagar Power House, she died. Ramnaresh (PW-2) lodged the First Information Report (Exhibit P/1) at Police Station Adhartal, at 7:00 pm. Police Inspector Raghuveer Singh (PW-5) recorded the First Information Report (Exhibit P/1) and a "marg" report (Exhibit P/8). He went to the spot and after completing the inquest proceedings sent the dead body of Mayabai for post mortem examination to the Medical College, Jabalpur.