RAMPRATAP KUMHAR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant, being aggrieved by the judgment dated 19.09.2007, passed by Third Additional Sessions Judge, Fast Track Court, Shahdol in S.T. No. 305/2006, whereby appellant has been found guilty for the offence punishable under Sections 302 of the Indian Penal Code and has been sentenced to imprisonment for life and fine of Rs.500/-, with a stipulation for three months simple imprisonment in case of default.

(2.) The prosecution story, in brief, is that, on 25.07.2006 in the evening, accused had beaten up his wife deceased Phagunibai and inserted a wooden stick in her private part, on account of which she sustained internal injuries and died.

(3.) According to the prosecution, accused Rampratap lived alone with his wife Phagunibai, separated from his only son Shobhalal. On 25.07.2006, he beated his wife and caused injuries to her private parts by inserting a wooden stick in such a manner that she bleeded profusely. On coming to know this, their son Shobhalal (P.W.-2) went to inform his maternal uncle Sudarshan Prajapati (P.W.-18), living at village Meduka. As per prosecution, Phagunibai died at 6 A.M. on the next day, i.e., 26.07.2006. Thereafter at 7.00 A.M., Dhukku, elder brother of the accused informed Tularam (P.W.-1), regarding the death of Phagunibai, who then lodged a report to this effect (Ex.P-2) at 11.30 in the morning at Police Station Jaithari, wherein he has stated that on 26.07.2006 at 7.00 A.M. in the morning, Dhukku informed him that accused has killed his wife. On enquiring from accused Rampratap in the presence of Ramlal and Nemshay, he confessed that he had seen deceased in compromising position with Bindershwari Pandit, as a result, a fight ensued between them and he pushed a wooden stick inside her private part, which resulted into her death.