GIRDHARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C .) has been preferred by the appellant challenging the judgment dated 13.2.2006 passed by Second Additional Sessions Judge, East Nimad, Khandwa in Sessions Trial No. 171/2005 by which the appellant has been convicted for the charge under Section 302 of the Indian Penal Code and sentenced to Life Imprisonment with fine of Rs.200/-, in default of payment of fine Rigorous Imprisonment for One month.

(2.) The case of the prosecution, in short, is that the appellant was working in a Garage at Indore. About a month prior to the date of incident, he was shifted to village Pokhar Peer, District Khandwa along with his wife Maya Bai (since deceased) and children. On 21.4.2005 at about 11:00 AM Sardar Singh (PW-1), Jamna Bai (PW-2), Rajaram (PW-3) and Chhagan (PW-4), while sitting nearby the house of the appellant, heard the noise of Maya Bai. They reached on the spot and found that Maya Bai was inside the house of the appellant and the appellant had beaten her by a wooden stick. The appellant did not allow them to enter in his house. Later, it was found that Maya Bai died and the blood was oozing from her mouth. Sardar Singh (PW-1) lodged Dehati Nalisi (Ex.P-1) of the incident at about 2:05 PM at Police Station Chaigaon Makhan whereupon the First Information Report (Ex.P-8) was lodged by Subhash Patil, Head Constable (PW- 5). The investigation was conducted by the Police and after making necessary seizure of the documents and on completion of the investigation, challan was filed against the appellant before the competent Court for the charge under Section 302 of the Indian Penal Code.

(3.) The case was triable by the Court of Session, however, it was committed to the competent Court where the charge under Section 302 of the Indian Penal Code was framed against the appellant. The defence of insanity of the appellant was taken before the trial Court demanding trial.