BRAJENDRA Vs. STATE OF M P

JUDGEMENT

(1.) Murder of Urmila caused by head injury, resulting from assault with a piece of wood used in charpai attributed to the appellant is the subject matter giving rise to the present criminal appeal filed u/S 374(2) of IPC preferred against the judgment dated 21.10.2008 passed in S.T. No. 81/2008 by which appellant has been convicted and sentenced as under:

(2.) Bare facts giving rise to the present case are that Ban Singh PW-1 (the husband of the deceased) informed the police that around 10:30 a.m. when he was in his house while his deceased wife alongwith PW-4, (Ankush aged 5 years, son of PW-1 & deceased) had gone to graze the goats, his son PW-4 came running home to inform that appellant Brajendra is assaulting his mother, the deceased Urmila. Complainant PW-1 alongwith his son PW-4 immediately rushed to the spot where he saw the appellant wielding wooden piece of charpai (Wooden Pati). On seeing the complainant, the appellant threw the weapon and ran away towards Dabra. The complainant saw that his wife, the deceased was lying on the ground. On closer scrutiny, he found that the deceased had sustained injury at the back of head and had died. On alarm being raised by the complainant, Mohan Singh PW-2 and Hukum Singh PW-3 came to the spot.

(3.) On the behest of the complainant FIR was lodged bearing Crime No. 17/2008. on the very same day, at 12:40 Hrs. Offence punishable U/S 302 IPC was registered against the appellant. After completing the necessary legal formalities of investigation, chargsheet was filed. The case was committed to the Court of Sessions where charge u/S 302 IPC was framed. The appellant abjured guilt and sought trial. Prosecution produced seven witnesses in its support whereas no evidence was adduced in favour of appellant except alleging false implication and raising the plea of insanity, in his defence.