LAWS(MPH)-2018-3-307

GANAJI Vs. STATE OF MADHYA PRADESH

Decided On March 05, 2018
Ganaji Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. has been preferred by the appellant/Ganaji, challenging the judgment and conviction dated 31/08/2005, passed by the First ASJ, Chhindwara in ST No.201/04, wherein the appellant has been convicted for offence under Sections 302 and 324 of IPC and sentenced to rigorous imprisonment for life and fine of Rs.500/-, rigorous imprisonment for one year and fine of Rs.200/- with stipulated defaults respectively.

(2.) It is not disputed that the prosecution witnesses are known to the appellant/accused. The deceased/Leela Bai is the first wife of the appellant. After the death of Leela Bai, the appellant has been arrested.

(3.) Before the learned trial Court, the case of the prosecution in short was that, the appellant was married to Leela Bai. Subsequently, appellant/Ganaji brought a second wife, therefore, the relation between Leela Bai and appellant became estranged. On 30/08/2004, at about 11 p.m., there was a quarrel between the appellant and Leela Bai. The appellant inflicted injury by means of axe resulting into her death. In the house of Basant, Basant, Dinesh Nai, Dasya Uikey and Madan were present. The accused informed them about causing the death of Leela Bai. Then he went to the house of Gangadhar along with the blood stained axe and informed him about the incident. Madan took away the axe from him and kept him seated in the house of Basant. Madan then went to the house of Upasaya by motorcycle and informed him about the incident. Upasaya then accompanied Madan by motorcycle to the house of the appellant/Ganaji and saw the dead body of Leela Bai. Leela Bai had sustained injuries on the neck. Then, Upasaya went to the house of Basant with Madan. They saw the accused sitting along with Ramdas Uikey, Bhaiyalal Kumre. When Basant asked to Ganaji about the incident, appellant/Ganaji informed them that, because of the quarrel, he killed his first wife/Leela Bai. Subsequently, Upasaya Patel along with Nirmal Dhurve went to the police station Lavaghogri to lodge the report. On the report of Upasaya merg intimation Ex.P/3 was lodged, the Panchnama Ex.P/4 was drawn and after the Naksha Panchnama Ex.P/5, the dead body of Leela Bai was sent for postmortem along with requistion (Ex.P/16). The postmortem report is Ex.P/16(A). Photographs of the dead body Ex.P/22 to 24. The Duty Certificate is Ex.P/26. Crime was registered by Ex.P/2, the spot map was prepared was Ex.P/11 and from the place of incident, plain soil and blood stained soil were seized by seizure memo Ex.P/6. The clothes of accused has been seized by seizure memo Ex.P/7. The clothes of deceased were seized by seizure memo Ex.P/17. The appellant has been arrested by arrest memo Ex.P/18.