OMPRKASH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed assailing the judgment dated 29/04/2005 passed by the 7th Additional Sessions Judge, Bhopal, in Sessions Trial No.345/2005 whereby the appellant has been convicted under section 302 of IPC for committing murder of Sita Bai and sentenced him to undergo R.I. for life imprisonment along with fine of Rs.1,000/- and in default further imprisonment of 6 months.

(2.) The facts giving rising to this appeal are that the appellant was working as a labourer in the agricultural field of deceased Sita Bai. Near about one year before the incident, he was discontinued and he was insisting to be taken back on the work, but 8 days before the incident the deceased refused to take back him on work on account of aforesaid reason, the appellant was in anger and on 06/10/2004 near about 6.30 am, the appellant came towards the house of the deceased and assaulted deceased Sita Bai with the knife while she was coming from the house to throw garbage. On hearing the cries of the deceased, brother of the deceased's husband Laxman Singh (PW-2) rushed toward the place of incident and saw the appellant assaulting deceased Sita Bai with the knife and also found several injuries on the person of Sita Bai. Chandan Singh (PW-3) husband of the deceased, and Narendra (PW-4) son of the deceased also rused to the place of incident and saw the appellant running away with the knife and several injuries and bleeding on the person of Sita Bai and Sita Bai in injured condition was shifted to the hospital where during the treatment near about 11.50 pm she was died. Laxman Singh (PW-2) lodged the Dehati Nalishi of the incident Ex.P-1 before the death of the deceased. Therefore earlier offence under section 307 of IPC was registered and after death of the deceased offence under section 302 of IPC was registered as per FIR Ex.P-10 of Crime No. 228/2004 at the Police Station Kajuri Sadak, District Bhopal.

(3.) During the investigation, the appellant was arrested on 09/10/2004 and on the instance of the appellant, blood stained knife and clothes were recovered. After completion of the investigation, charge sheet was filed under section 302 of IPC before the Chief Judicial Magistrate, Bhopal, who committed the case to the Session Judge, Bhopal and after receiving the case on transfer, the 7th Additional Session Judge, Bhopal tried the case.