PREMLAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by the Judgment dated 30.4.2007 passed by the Sessions Judge, Sagar in S.T. No.435/2006, whereby the appellant has been found guilty of an offence punishable under Section 302 of the IPC and Section 25(1-B) (a) of the Arms Act and has been sentenced to Rigorous Imprisonment for Life with fine of Rs.500/- and Rigorous Imprisonment for 3 years with fine of Rs.200/-, with default stipulations respectively.

(2.) The prosecution case, in brief, is that the appellant's wife Guddi Bai (PW-2) had left her husband's house and was staying with her parents the deceased Kausiya Bai and Sadar (PW-1). According to the prosecution, there was a dispute between the family of the appellant and the family of the deceased with regard to Guddi Bai (PW-2), wife of the appellant, as the deceased Kausiya Bai and her husband Sadar (PW-1) were not sending Guddi Bai (PW-2) to her in-laws' place. According to the prosecution, a Panchayat was constituted to resolve the dispute in which it was agreed by Sadar (PW-1) that Guddi Bai (PW-2) would go back to her in-laws' house 8 days after Kausiya Bai, who was pregnant would deliver a child.

(3.) According to Dr. B.D.Kirar (PW-7), the deceased had suffered a gun shot injury on the chest which had totally damaged both her lungs as well as her heart due to which she succumbed to the injuries. The offending weapon i.e. the pistol is said to have been seized from the appellant vide Ex.P/11 in the presence of Jagan (PW-6) and Ramesh (PW-8).