DHANNU BAIGA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The challenge in the present appeal is to a judgment dated 1.8.2008 passed by the learned Sessions Judge, Shahdol in Sessions Trial No.76/2008 convicting the appellant for an offence punishable under Section 302 of I.P.C. and vide separate order of the same date sentencing him to undergo rigorous imprisonment for life with fine of Rs.1000/-. In default of payment of fine to undergo rigorous imprisonment for six months.

(2.) The prosecution case was set in motion on the statement of Swamideen, brother of the appellant, who made the statement (Ex.P-1) to Hemant Sharma, Station House Officer, Police Station Kotwali, District Shahdol. He stated that he is resident of Village Khitoli. At about 6:00 p.m. he heard the cries from the back of the house of the Dhannu Baiga. When he went there, he saw that Munni Baiga (deceased) wife of appellant lying on floor. She had injuries on neck, chest and hands. The younger son namely Kanjali Baiga of Dhannu Baiga (present appellant) was sitting with her. He asked from the son that what happened, he informed that his father Dhannu Baiga has given beatings to his mother with Lathi, and that his mother has died.

(3.) Hemant Sharma (PW-11), Station House Officer, has taken over the investigation after recording the statement Ex.P-1 at 11:00 p.m. The police station is 22 kms. from the place of occurrence. He took into possession the dead body and informed the Sub Divisional Officer, Sohagpur. He found that the deceased has a deep cut starting from right side of the neck up to left breast. There was injury mark on the right side of neck and also two marks of injuries just back of the neck. There were marks of injury on the left hand and wrist. He sent the dead body for postmortem vide memo Ex.P-16 and request the doctor for postmortem vide memo Ex.P-17. He prepared the site plan at the site vide memo Ex.P-5. The appellant was taken in custody on 12.2.2008 and on the basis of his disclosure statement, Lathi was recovered vide recovery memo Ex.P-12. The Investigating Officer has also taken in possession the blood stained earth, plain earth and 7 pieces of broken bangles. He also recorded statement of Swamideen (PW-1) on 12.2.2008 and that of Samharu Singh (PW-3). He also recorded the statement of Roopi Bai (PW-2) wife of Prema, another brother of appellant and Ram Kumar @ Kanjali (PW-4) son of deceased and appellant. He also sent the recovered articles for forensic examination. The postmortem was conducted by Dr. N. K. Soni (PW-12), who found as many as 23 injuries including fracture of 3rd, 4th and 5th rib on the left side and 3rd to 8th ribs on the right side. The 6th and 7th rib was broken in multiple pieces. Both chambers of the heart were empty. The doctor has opined that the cause of death was shock due to multiple injuries which are possible to have been caused by Lathi produced before him by Ajay Pratap Singh, Station House Officer, Police Station Kotwali, Shahdol. The postmortem report is Ex.P-19.