KAILASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Aggrieved by the judgment and order dated 21.02.2008 passed in Sessions Trial No.132/07 by II Additional Sessions Judge, Jhabua, whereby the learned Trial Court has held the appellant guilty for the offence punishable under Section 302 of IPC and sentenced him for life imprisonment with fine of Rs. 1000/- in default of payment of fine further to undergo rigorous imprisonment for six months, the appellant has preferred the present appeal.

(2.) Facts of the case in brief are that on 16.03.2007 between 6:30 to 7:00 in the evening Sitabai W/o Sevaram was found dead in her field. A wire was roped around her neck. On receiving information, the people rushed there, they found her struggling to breathe. As they loosed the wire, she succumbed on the spot. At the time of her death, she was adorning a golden nose pin/ring, silver bangles and ear drops. The matter was reported to the police stating that some unknown miscreants has murdered Sitabai by noosing wire around her neck. Police registered and investigated the case. During investigation, the police arrested the accused, interrogated him and on his disclosure recovered a pair of anklets (kade) and a gofen, which was used to remove the anklets from the legs of the deceased, from his possession. The Police also recovered a pair of slippers from the spot, which the accused admitted as his slippers. Silver anklets were sent to the Executive Magistrate for conducting identification parade and in identification parade, son of the deceased Bhagirath (PW/3) identified them as anklets of his deceased mother. After completing other regular investigation like preparing Panchanama Lash, spot map, post mortem etc, the police filed the charge sheet.

(3.) The accused was charged for the offence punishable under Section 302 of IPC. He abjured his guilt. He was tried and held guilty for the offence under Section 302 of IPC and awarded life imprisonment with fine of Rs. 1000/- as stated in paragraph no.1 above.