LAWS(MPH)-2018-2-97

CHHOTKU @ SATYANARAYAN GUPTA Vs. STATE OF M.P.

Decided On February 12, 2018
Chhotku @ Satyanarayan Gupta Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant against the judgment dated 30.4.2007 passed by 1st Additional Sessions Judge, Shehdol in Sessions Trial No.210/2006 whereby the appellant has been convicted under Section 302 of Indian Penal Code and sentenced for life imprisonment and fine of Rs.1000/- with default stipulation.

(2.) It is not in dispute that deceased Sheshwati was wife of the appellant. Both were residing together at the time of incident i.e. on 29.5.2006 at Gandhinagar, Amlai District Anuppur. Sheshwati died an unnatural death at the house of the appellant.

(3.) In brief, the prosecution case is that on 28.5.2006 at about 11.25 am, appellant took dead body of his wife at C.H.C. Budhar. Doctor declared his wife as dead and informed the police. Merg intimation was registered at police Station, Amlai. During investigation, it was found that on the date of incident, due to some quarrel between appellant and his wife, the appellant committed murder of his wife by strangulation and he showed that his wife committed suicide. A crime was registered against him under Section 302 of IPC. Charge sheet was filed against him.