KAMAL SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant challenging the judgment dated 3.11.2007, passed by Additional Sessions Judge, Dindori in Sessions Trial No.122/2007, whereby the appellant has been convicted for offence under Section 302 of Indian Penal Code and sentenced for life imprisonment and fine of Rs.200/- with default stipulation.

(2.) It is not in dispute that the deceased Gannibai was the wife of the appellant. Both resided together in the house of the appellant. Gannibai was killed in the house of the appellant.

(3.) Brief facts of the prosecution case are that appellant and his wife Gannibai both resided together at Village Devkara in the house of appellant. Gannibai died an unnatural death in the intervening night of 30 th June, 2007 and 1 st July, 2007 in the house of appellant. One Sajjan Singh informed on 1 st July, 2007 at about 11.25 PM at Kotwali, Dindori about the death of Gannibai. He informed the police that the appellant killed his wife by inflicting head injury and other injuries on her. Her dead body was lying in the house of the appellant. Merg was lodged and after investigation, it was found that the appellant came to his house in drunken condition and when his wife Gannibai (since deceased) had not given food to him, the appellant took the burning wood from hearth and inflicted several blows on Gannibai. After receiving the injuries Gannibai died. The appellant locked his house and confessed commission of offence before Sajjan Singh, Titru and others. Hence offence was registered against appellant under Section 302 of IPC. Charge sheet was filed against him before the concerned court.