GUBRA @ RAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 208.2006 passed by Additional Sessions Judge, Khurai, District Sagar in Sessions Trial No.184/2006 whereby the trial Court held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code and awarded sentence of life imprisonment with fine of Rs.1000/-.

(2.) Prosecution case in brief is that in the night intervening 15th and 16th of February, 2006, the appellant had beaten his wife Kusum Bai due to which she died. The dead body of Kusum Bai was recovered in the morning. Thereafter, a report of the incident was lodged. On the memorandum of appellant weapon of offence i.e. axe was seized from his possession. Police conducted investigation and filed charge-sheet. The appellant abjured his guilt during trial. However, the trial Court found the appellant guilt and awarded sentence as mentioned above.

(3.) Learned counsel appearing on behalf of the appellant has submitted that even if the evidence of prosecution is accepted in its entirety, the offence committed by the appellant would fall under Section 304 Part-I of the I.P.C. in view of the evidence of medical expert. The appellant has already undergone the jail sentence for the said offence awarded to him.