SURYAMANI KUSHWAHA Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by the appellant, being aggrieved by the judgment dated 30.10.2009, passed by Additional Judge to the Court Additional Sessions Judge, Mauganj, District Rewa in S.T. No. 50/2009, whereby the appellant has been found guilty of the offence punishable under Sec. 302 of the Indian Penal Code and has been sentenced to imprisonment for life and fine of Rs. 1,000.00, with a stipulation for two months rigorous imprisonment in case of default .

(2.) Prosecution case, in brief, is that the appellant and Rajmati are husband and wife and have three children namely, Tejbhan, Jagdish and Pramod. Elder son Tejbhan lived with the parents of Rajmati at Senuwa, whereas the two younger children lived with her at Kabra. Husband Suryamani was unemployed and vagabond and used to regularly and unceremoniously beat his wife and children. It is alleged that on 19.09.2009, at around 12 O'Clock and in the night also he had beaten both the children with stick and threw them on floor. Rajmati while trying to save them, had also received some beating. It is alleged that the family members and other villagers did not intervene being scared of accused. Next morning, at around 8.00 A.M. Rajmati alongwith her two children went to the house of her brother-in-law Ramcharit (P.W.-16) at Dagdaua. Next day, accused came to Ramcharit's house and asked her to come back with him, which she refused and went to Hospital Mauganj for treatment of her son. During the treatment, Jagdish (deceased) succumbed to his injuries at around 3.00 P.M.

(3.) Dr. R.K. Mishra (P.W.-20), who was the treating doctor, informed the SHO, Mauganj vide Ex. P-13 regarding the death of Jagdish. On the basis of this information, merg was recorded as Ex. P-14 at merg No.61/2008 (Ex. P-17) at Naigarhi Police Station. Body of the deceased was sent for postmortem examination. Rajmati and her other son Promod were also medically examined. Spot map was prepared and the statement of witnesses were recorded. After completion of investigation, charge sheet was filed.