NARAYAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The present appeal is filed challenging the order of conviction and sentence dated 17.09.2007 passed by IIIrd Upper Sessions Judge (Fast Track Court), Shahdol, District Shahdol (M.P.) in Sessions Trial No. 132/2006, whereby the appellant has been convicted for the offences under Sections 302 of IPC and sentenced to under Rigorous Imprisonment for life and fine of Rs.500/-. In default of payment of fine, additional rigorous imprisonment of three months.

(2.) The appellant Narayan Singh is husband of the deceased Indrawati. Prosecution story in short is that in the intervening night of 22.03.2006 and 23.03.2006 at about 8 P.M. after taking the diner the appellant, deceased and two children namely Bhola and Chhoti had been gone to bed. Their other elder son namely Kamlesh (PW-2) was sleeping in varandah (parchhi) outside the room. In the morning at about 04:00 A.M. the deceased cried for the help as her husband was beating with the help of 'tangia'. The room was closed from inside. He raised the alarm and on that the neighbours had also reached and thereafter the door was opened by the appellant. The accused was caught by the villagers at the spot itself. The report was lodged by Kamlesh (PW-2) at about 8:30 A.M. in the morning. His report is Ex.P-4. The spot map was prepared vide Ex.P-3. Dead body was sent for autopsy. Axe was also seized from the outside the house.

(3.) Learned counsel for the appellant submits that all the prosecution witnesses have turned hostile and they have not supported the case of prosecution. The seizure of the axe has also not been proved as the seizure witness has not supported the prosecution case.