DWARKA PRASAD Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by judgment dated 28.12.2006 passed by the First Additional Sessions Judge, Raisen in S.T. No.141/1999, whereby the appellant has been found guilty of an offence punishable under Section 302 of the IPC and have been sentenced to Life Imprisonment with fine of Rs.1,000/- with a stipulation of a further period of 6 months R.I. in case of default of deposit of fine.

(2.) The prosecution case, in brief, is that the appellant committed the murder of his wife Jashoda Bai on 30.3.1999 at 6.00 O'clock in the morning by inflicting an injury on her head with a stone that was about 10 Kgs. in weight. According to the prosecution, P.W-2 Lakshman Singh, who is the Kotwar of the village, informed the police about the incident. According to Lakshman Singh (PW-2), at around 4.00 O'clock in the morning Narayan Singh (PW-9), cousin brother of the appellant, informed him that the appellant had committed the murder of his wife Jashoda Bai who was lying dead in the house of the appellant whereupon Lakshman Singh (PW-2) went to the house and saw Durjan Singh (PW-1), Kashibai (PW- 4) mother of the deceased, Mullu (PW-6) father of the deceased and one Hari Singh sitting in the house of the appellant and several other villagers had collected outside. Lakshman Singh (PW-2) informed the police that when he reached there and asked the appellant as to who had committed the murder of his wife, the appellant informed him that he had done so as she had given him some poisonous substance.

(3.) The trial court, on examining the statement of the witnesses, specifically the statement of Kashibai (PW-4) and Mullu (PW-6), mother and father of the appellant respectively, the statements of Dr. R.G. Malani (PW-3) and M. S. Tomar (PW- 8) the Investigating Officer, has recorded a finding of guilt against the appellant.