CHANDORAO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Instant appeal is filed under Section 374(2) of the Code of Criminal Procedure, challenging the order of conviction and sentence dated 04.03.2005, passed by the First Additional Sessions Judge, Balaghat in S.T.No. 197/2004, whereby the appellant has been convicted under Section 302 of IPC and sentenced to undergo imprisonment for life and fine of Rs.500/-,in default, to suffer further rigorous Imprisonment for one year.

(2.) The appellant was prosecuted for allegedly killing his wife namely Kesharbai with the help of an axe. Criminal case was set at motion on the report lodged by Smt. Sushila Bai, who is daughter-in-law of the appellant and deceased. It was alleged that last few days whenever her mother-in-law used to stop the appellant to consume the liquor, he used to quarrel with her and threatened her to kill. On the date of incident i.e.18.09.2004 at around 09:00 p.m. the accused in inebriated state, was shouting at home and her mother-in-law asked her not to consume the liquor thereafter she went to sleep in the courtyard. At that time, the accused caused injuries her on the neck near left ear and also on head on the temporal lobe (upper side of left eye) with the help of axe. She tried to intervene to stop him but he also chased her to beat. Therefore, she come to the road and raised alarm for help. On her shouting, villagers namely Sitaram, Kamal Kishore, Kewal Prasad and Puranlal rushed at the spot. Seeing them, the accused fled away throwing the axe.

(3.) F.I.R. was registered. The place of occurrence was inspected by Investigating Officer (PW-6) Sub-Inspector G.E. Kar. Site plan was prepared vide Ex.P-6. Dead body Panchnama and spot map was also prepared by him and marked as Ex.P-9. Weapon axe was seized vide Ex.P-5 from the spot in presence of the witnesses namely Sitaram (PW-2) and Puran Lal (PW-3). Investigating Officer had also taken soil sample and blood sustained soil vide Ex.P-6. The dead body was sent for postmortem vide Ex.P-8 and seized weapon was sent for chemical examination to the Forensic Science Laboratory vide Ex.P-12. The postmortem report is Ex.P-7 and the FSL report is Ex.P-13.