BIHARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 18. 08. 1998 passed by the Third Additional Sessions Judge, Chhatarpur, in sessions Trial No. 156/1997, convicting him under Section 302 of the Indian penal Code and sentencing him to imprisonment for life. In short, the prosecution case is that on 01. 05. 1997, complainant dhaniram lodged a report at Police Outpost, Dhuwara that at about 7 O"clock in the evening, when he was going after attending a feast in village Dhuwara, her niece Parwati met him weeping at the stand. On being asked the reason for weeping, she informed that her father (accused) assaulted her mother and threw her down from the "attari". She was lying in the courtyard. When he reached at the house, he found his brother"s wife Lakhanbai lying dead there. There were wounds on her head and neck. On the aforesaid report, Police registered an offence under Section 302 of the Indian Penal Code against the appellant and at the same time, also registered a "marg".

(2.) PW-13 Virendra Chaturvedi, Sub Inspector, reached at the place of occurrence. He sent the dead body of Lakhanbai for post mortem examination to P. H. C. , Bada Malhara. PW-10 Dr. P. K. Agrawal, Assistant surgeon, performed the post mortem examination of the dead body and found following injuries on it:

(3.) IN the opinion of doctor, the cause of death of the deceased was coma and shock due to the injuries over the scalp and neck region.