LAKHAN PRASAD MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the instant appeal, challenge has been made to the judgment of conviction and sentence dated 20/02/2008 passed by 3rd Additional Sessions Judge Shahdol in Sessions Trial No.203/2006 whereby the appellant has been convicted and sentenced under Section 302 of IPC to undergo rigorous imprisonment for life and fine of Rs. 1000/- in default, to suffer further S. I. for 6 months.

(2.) The prosecution case is that deceased Aprajita was wife of appellant who got married with him in the year 2001. It is alleged that on account of occasional hot talks between the deceased and appellant over cooking food they started living separately from the other family members. On 17/12/2015 appellant asked Aprajita to go to the house of his elder brother Raghuwar Prasad to attend the sorrowful event, which she refused. On account of such refusal appellant strangulated her with a pillow, as a result of which she died. One Ramesh Prasad Mishra informed the police about the death of deceased which was recorded as merg intimation vide Exhibit P/14. The panchnama is said to have been prepared by the Naib Tahsildar. Dead body was sent for postmortem. Dr. M. G. Rampuri (PW-1) has conducted the postmortem and according to him he found tenderness over the right eye, right cheek, finger prints on both sides of the neck with tenderness on the back of the body of deceased. The cause of death was shown due to asphyxia. The postmortem report is Exhibit P/ After getting the information about the death of deceased, police has registered the offence under Section 302 of IPC and after investigation, charge sheet was filed before the Court of JMFC who committed the case before the Sessions Judge, Damoh.

(3.) The trial Court, during the trial has framed charges for commission of offence under Section 302 of IPC against the accused person. He abjured the guilt. As many as 14 prosecution witnesses were examined by the prosecution. After completion of the trial, the learned trial Court convicted the appellant for commission of offence and sentenced him as mentioned above.