SURESH KUMAR SHRIVAS Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by the judgment dated 16.05.2003 passed by the Sessions Judge, Balaghat in S.T. No. 176/2002 by which the trial court has held the appellant guilty of an offence punishable under section 302 of the Indian Penal Code and sentenced him to undergo life imprisonment.

(2.) The prosecution case, in brief, against the appellant is that the appellant in the after noon on 27.02.2002 committed the murder of his wife by strangulating her with a rope. It is alleged by the prosecution that PW-1 Chunnilal, father of the deceased was informed in the night of 27.02.2002 by one Santosh and another young boy who was a barber in village Badgaon that his daughter, the deceased Uma Bai was sick whereupon he went to Badgaon but when he reached there he saw that people had gathered in the house of the deceased and that she had died on account of strangulation. PW-1, Chuunilal thereafter lodged a report before the police authorities in the morning on 28.02.2008 whereupon the criminal law was set in motion. The appellant was arrested on 20.08.2002 on the allegations of Chunnilal PW-1

(3.) The prosecution has examined PW-1 Chunnilal, father-inlaw of the accused/appellant, Makhan PW-2, Mathribai PW-3, Satyanarayan Srivas PW-4, Pramod Kumar PW-5, Hansulal PW6, Ajay Dongre PW-7, Domanlal PW-8, Dr. P.L. Lilhare PW-11 and Rajesh Sharma, PW-13, the investigating officer in support of the prosecution case. Out of the aforesaid witnesses, Mathribai PW-3, Hansulal PW-6 and PW-5 Pramod Kumar who a child witness and used to reside in the same house along with the appellant and the deceased, have been declared hostile as they have not supported the prosecution case and have infact made statements in favour of the appellant.