VIJAY KUMAR RAJAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant, being aggrieved by the judgment dated 11.12.2008, passed by Fourth Additional Sessions Judge (Fast Track), Jabalpur in S.T. No. 38/2008, whereby the appellant has been found guilty for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to imprisonment for life and fine of Rs.1,000/-.

(2.) Prosecution case, in brief, is that, accused and the deceased were husband and wife and Tanu (P.W.-1) is their daughter. The relationship between the accused and the deceased were strained, as a result of which deceased was living at her mother's house and has filed a suit for maintenance against her husband. On 27.09.2007, at around 1.25 P.M., the deceased was taking her daughter home from the tuition, when enroute, near Durga temple, the accused, who was hiding behind chakoda bushes, stopped her to talk to her. To which she replied that she does not want to talk him and whatever she has to say, can be said in the court and went ahead. On hearing this, accused ran after the deceased and after repeatedly striking her with knife in the chest, stomach, lower abdomen, face, back and leg has run away. As a result, deceased sustained grievous injuries and fell down. People standing nearby rushed after the accused and caught him and took him to police station. The accused was then taken to the hospital in an auto-rickshaw, when enroute she died.

(3.) Report (Ex.P-2) to this effect was lodged by Tanu (P.W.-1) at Police Station, Ghamapur. On the basis of which, merg was recorded and FIR was registered. P.W.-12 Om Patel, Inspector after recording the FIR, went to the hospital and body of the deceased was sent for postmortem. Memorandum of accused Vijay was recorded vide Ex.P-8 and blood stained knife was recovered from him vide Ex.P-9. Statement of witnesses were recorded and the seized articles were sent for chemical examination to FSL, Sagar. Report of which was received vide Ex.P-15.