HARIKRISHNA @ FUTTE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed assailing the impugned judgment dated 31.7.2007 passed Special Judge, Sidhi, district Sidhi in Sessions Trial No. 42/2006 whereby the appellant has been convicted under Sections 302 of the IPC and sentenced to Life imprisonment with fine of Rs.250/- with default stipulation and also convicted under Section 201 sub section (3) of the IPC and sentenced to 7 years of RI with fine of Rs.250/- with default clause.

(2.) In brief the relevant facts of the case are that on 3.2006 at 10.30 a.m. one Lalta Prasad informed the Police station Amiliya District Sidhi that appellant resided with his wife Parvati Devi and their three children in village Khadbada and his wife Parvati died under suspiciious circumstances and the appellant is also missing. His elder son Pankaj is six years old. This information was recorded as merg intimation No.2/6 at Police Station Amiliya district Sidhi.

(3.) Learned trial Court framed charges against the appellant for the commission of offence under Sections 302 and 201(1)(3) of the IPC. The appellant abjured his guilt. In the trial, his defence was that in the night Ravendra and Dharmendra resident of his village came to his house and assaulted him with knife and caused injury. Thereafter, he left the house and the aforesaid persons killed his wife. However, in defence no evidence has been adduced.