KARAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this jail appeal under section 374 of Cr.P.C challenging his conviction under section 302 of IPC and sentence of life imprisonment with fine of Rs.250/- vide judgment dated 7-4-2005 in ST No.257/04 passed by the trial court.

(2.) As per prosecution story, Dehati Nalishi was lodged by one Londu S/o. Devlal. As per this Dehati Nalishi, the deceased Guddibai alias Ganeshi was his daughter and on 28-4-04 the appellant/accused alpngwith his family members had come to his house and was staying at the house of his father-in-law. On 10-5-04 at about 11 am in the morning, the deceased Guddibai was sitting in a hut, at that time; appellant came with axe, gave axe blow on the neck of the deceased and after assaulting her, ran away from the spot. On the basis of aforesaid Dehati Nalishi, crime was registered under section 307 of IPC and injured Ganeshi was referred for medical examination where her dying declaration Ex.P/4 was recorded. After her death, postmortem of the dead body was performed and after investigation, charge sheet was filed.

(3.) No doubt, the deceased is wife of the appellant, but during trial, Kalawatibai (PW-1) mother of the deceased, Londuram (PW-2) father of the deceased, Gopal (PW-3), Chironji (PW-4), Lakhan (PW-5), Munnalal (PW-6), Amarlal (PW-10), Lachchho (PW-12) and Bindra (PW-13) have not supported the prosecution and they all were declared hostile. They are either the relatives of the deceased or the villagers. Relying on dying declaration (Ex.P/4) which was recorded by Dr. Padmesh Upadhyay (PW-8), learned trial court found the offence proved against the appellant, convicted and sentenced him as aforesaid, against which the appellant has preferred tins appeal from jail.