HALLEY BHAI @ GADIVAAN Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant under Section 374(2) of Cr.P.C. being aggrieved by the judgment and conviction dated 26.12.2007 passed by the Sessions Judge, Jabalpur in Sessions Trial No.449/2006, whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life imprisonment and fine of Rs.1000/-, with default stipulation.

(2.) Prosecution case in brief is that the appellant and his wife Anjobai both were resided together at village Kemori, Katangi. The appellant committed murder of his wife Anjobai with the help of co- accused Gudda. He suspected that the deceased had illicit relationship with someone else. Appellant in connivance with the co-accused person had planned to kill Anjobai. On 14.08.2006 between 2 to 4 p.m., appellant slapped Anjobai (since deceased) in the kitchen, she fell down on the earth. Other co-accused caught hold her hands, then appellant compressed the neck of the deceased by his feet. Due to which she died. Then appellant poured kerosine oil on her with the help of other co-accused Gudda and ablaze her. Both the accused persons fled away through window of said kitchen. Matter was reported to Police by Jumman Choudhary. Hence, marg report was registered at Police Station Katangi. After due investigation, crime has been registered against the appellant and co-accused Gudda. Thereafter, charge-sheet was filed before the concerned Court under Sections 302 and 201/34 of the IPC.

(3.) After committal of the case, learned trial Court framed charge under Section 302 read with 34 of the IPC against the appellant and co-accused Gudda. Appellant abjured guilt and stated that he is innocent and falsely implicated in this case.