NARESH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal received from the Central Jail, Gwalior is directed against the judgment dated 19/12/2008 passed by the Sessions Judge in Sessions Trial No. 88/2007 recording conviction against the appellant on a charge for causing murder of his wife and sentencing him for life with a fine of Rs. 1,000/- and the default sentence of four months R.I.

(2.) The prosecution was set in motion when complainant Hariom (PW/3), brother of deceased, lodged a complaint with PS Jhansi Road on 25/09/2006 at 9:50AM that while visiting deceased house, where he goes to deliver milk everyday, at 9:30AM he heard the cries of her sister and saw her being beaten with the club stick (mogri) by the accused; thereafter, he saw the accused pulling her sister by hair who fell down on floor when the accused sat on her chest and gave knife blow to her neck. On hearing his cries and that of her sister, the tenants and persons living in the neighbourhood came rushing, with whose help he sent his sister to JAH (Jaya Arogya Hospital) and went to report to the police station. On report, offence under Section 307 IPC was registered vide crime No. 358/2006. The police went to hospital at 11AM where they found that Mamta had died. Inquest was prepared vide ExP/8. The body of Mamta was sent for postmortem, at 12 Noon. Dr. J.N. Soni (PW/8) performed the autopsy whereon vide report Ex-P/13 following injuries were found on the body:-

(3.) Cut wound on left side of neck 3 cm below the angle of mandible 7cm long (3cm left to mid line) with tailing on left side fore 2cm. 3cm deep, oesophagus blood vessels, trachea and nerves are cut in the course of wound."