MANOHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant/accused has filed this appeal against the judgment dated 26.07.1995 passed by Ist Additional Sessions Judge, Murwara, Katni in Sessions Trial No.40/95 whereby the trial Court held the appellant guilty for commission of offence punishable under Sections 302 and 404 of the Indian Penal Code and sentenced to life imprisonment and rigorous imprisonment for two years, respectively.

(2.) Prosecution case in brief is that on 22.11.1994 in the morning Subatiyabai (since deceased) resident of village Malhan had gone for grazing the goats, but she did not return to her home. Her dead body was found behind the culvert (nala). On the intimation of Baijnath (PW-1) father-in-law of the deceased, a marg-report was registered at Police Station Badwara. During investigation, on the memorandum of appellant and co-accused Guddi @ Gulab Bai wife of the appellant, it was found that the appellant caused death of deceased and took away her ornaments, which were recovered by the police from the possession of appellant. Thereafter, charge- sheet was filed against the appellant and his wife Guddi @ Gulab Bai under Sections 302 / 201 and 404 / 34 of the I.P.C.

(3.) After committal of the case, charges under Section 302 / 34 in alternate under Sections 302 , 404 and 201 of the I.P.C. has been framed by the learned Trial Court against the appellant. Appellant abjured guilt and stated that he is innocent and falsely implicated in this case.