RAINA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against judgment and order dated 17/03/2011 passed in S.T. No.103/2010 by I ASJ, Barwani whereby he has been held guilty for committing murder of his wife - Urpi and punished under Section 302 and 201 of IPC and sentenced for life imprisonment and 5 years RI with fine of Rs.2,000/- respectively, in default of payment of fine, further to undergo RI for 3 months.

(2.) The facts in brief are that on 09/05/2010 at about 08:45 in the morning Sarpanch of Village-Upla informed at Police Chowki Palsood that daughter of the deceased Aasma has informed him that in the preceding night her mother Urpi and father Raina (appellant) had gone to spread manure in their farm. At about 03:00 O'clock in the night, her father came and asked her to ran away, as her mother is coming to kill them with a stone in hand, therefore, she ran to the house of grandfather Vesta. In the morning when she went to the Well on the farm and saw that her mother was lying dead there. On this information he alongwith some other villagers went to the Well indicated by Aasma and found dead-body of Urpi was lying there. The police registered a merg and also crime No.103/2010 and investigated the case. The police visited the spot, took out dead-body from the Well, seized blood stained, plain soil from the spot. A empty quarter of Bombay Special Whisky, handkerchief light green skyblue colour with blood stained. It is found that there was press injury on the right side of face of the deceased and there was bleeding also. Right elbow was fractured. Police prepared 'Panchanama Lash'. Sent the dead-body for postmortem, took the accused in custody and interrogated him. On disclosure further recovered blood stained stone and his underwear. Sent all these articles for chemical examination and after completing investigation, filed the charge-sheet.

(3.) The accused charged, tried, convicted and punished for the offence as stated above in para 1.