RAMU LAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 05/11/2008 passed by the Sessions Judge, Mandla, in Sessions Trial No.30/2008 whereby the appellant has been convicted for commission of offence punishable under section 302 of IPC for committing murder of his wife Sukrati Bai and sentenced him to undergo R.I. for life imprisonment along with fine of Rs.1000/-, in default further R.I for 3 months.

(2.) In brief, the facts of the prosecution case are that on 20/03/2008 Nihura (PW-1) lodged the report at Police Station Nainpur, District Mandla that the appellant had committed murder of his wife Sukarati Bai. On this information police registered a Marg No. 6/2008 under section 174 of Cr.P.C (Ex.P-2) and registered a crime No. 22/2008 under section 302 of IPC (Ex.P-1) and started the investigation. During marg inquiry, the Investigation Officer, A.S.I Dharma Raj Singh (PW-7) went to the spot and prepared spot map (Ex.P-12) and prepared a inquest report (Ex.P-8) and sent the dead body of deceased for Postmortem vide Ex.P-16, to the Community Health Centre, Nainpur. Dr R.K. Kumhare (PW-8) has conducted autopsy and opined that the injuries are ante-mortem and homicidal in nature and the death was due to excessive hemorrhage caused by head injuries and prepared report ExP-19.

(3.) During the investigation the police has taken the appellant/accused into custody on 21/03/2008 as per arrest memo Ex.P-5 and taken memorandum of accused vide Ex.P-3 and on the memorandum seized a lathi as per seizure memo Ex.P-4 and the query report (Ex.P-20) has been obtained by the doctor that the injuries sustained on the dead body could be caused by lathi.