VINOD KUMAR MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, against the judgment dated 11/09/09 passed by Additional Sessions Judge, Mauganj, Distric Rewa in Sessions Trial No.52/2009, whereby learned A.S.J. found the appellant guilty of the offences punishable under Section 302 of the IPC and sentenced him to undergo life imprisonment with fine of Rs. 1,000/-, with default stipulations.

(2.) Brief facts of the case which are relevant for disposal of the case are that the appellant was resident of village Karaudha, whose marriage was solemnized with deceased Kusum @ Baby somewhere in the year 2002 and thereafter deceased Kusum @ Baby started living with the appellant at village Karaudha. Out of the wedlock with the appellant, two children son Atul and daughter Pushpanjali (PW/9), were also born to deceased, who were aged about 2' years and 5 years respectively at the time of incident. After the marriage appellant used to beat deceased Kusum @ Baby. On 29/10/2008 at around 10:30 P.M. appellant assaulted deceased Kusum @ Baby by axe on her head and neck, due to which she died and thus the appellant murdered her wife Kusum @ Baby. On the next day i.e. 30/10/08 Aamlesh Prasad Pandey (PW/12) lodged the report (Ex.P/21) of the incident at Police Chouki, Raghuram Ganj, which was written by L.P. Patel (A.S.I.) (PW/6), who sent it for original registration at Police Station Laura, District Rewa, where Crime No.162/08 was registered against the appellant for the offence punishable under Section 302 of the IPC. L.P. Patel (PW/6) investigated the crime and during investigation he went to the spot and prepared spot map (Ex.P/6) and also seized simple and blood stained soil and blood stained bed sheet from the spot and prepared seizure memo (Ex.P/12) and also prepared inquest memo of dead body of deceased Kusum @ Baby (Ex.P/1). He also took photos of the dead body of deceased Kusum @ Baby (Ex.P/11 & P/12) and sent her dead body for postmortem alongwith an application (Ex.P/13) to C.H.C., Mauganj, where Dr. Shyam Sharma (PW/7) conducted autopsy of dead body of deceased Kusum @ Baby and gave postmortem report (Ex.P/19). On 30/10/08 L.P. Patel (PW/6) arrested the appellant and prepared arrest memo (Ex.P/17). On interrogation appellant gave information regarding concealment of axe. On that he prepared memorandum (Ex.P/8) and also seized one axe at the instance of appellant and prepared seizure memo (Ex.P/9). He also recorded the statements of prosecution witnesses and sent all the seized articles for chemical examination to Forensic Science Laboratory, Sagar through S.P. Rewa alongwith draft (Ex.P/18). From Forensic Science Laboratory, Sagar chemical examination report (Ex.P/22) was received, in which it is mentioned that blood stain was found on the seized axe. After investigation Police filed charge-sheet against the appellant before Judicial Magistrate, First Class, Rewa, who committed the case to the Court of sessions, where from that charge-sheet ST. No.52/09 was registered.

(3.) Learned Additional Sessions Judge, Rewa framed charge against the appellant for the offence punishable under Section 302 of the IPC. The appellant abjured his guilt and took the defence that he is innocent and has falsely been implicated in the offence. However, after the trial learned Additional Sessions Judge found the appellant guilty for the offences punishable under Section 302 of the IPC and sentenced him as aforesaid.