NIGAM DAS Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the accused against the judgment dated 27.04.2007 passed by IIIrd Additional Sessions Judge, Shahdol (M.P.) in Sessions Trial No.136/2006 whereby the trial Court held the appellant guilty for commission of offence punishable under Section 302 and 201 of Indian Penal Code and awarded sentence of life imprisonment with fine of Rs.200/- and two years with fine of Rs.100/- respectively, with default stipulations.

(2.) It is not in dispute that, the deceased was wife of the appellant. They were married 10 to 12 years before from the incident (dated 30.03.2006). The deceased died at her matrimonial home due to unnatural death.

(3.) The short facts of the prosecution case are that the appellant is the husband of the deceased. They were residing together in the same house situated at village Manjholi. The appellant suspected about the character of his deceased wife. On 30/3/2006 the appellant has beaten his wife. Nirmal Das (brother of the appellant) has tried to stop him. The appellant locked his house. Nirmal Das reached there and found that the wife of the appellant (Jalebiya Bai) was lying dead on the floor. She sustained injuries in her neck and chest. Nirmal Das lodged the FIR against the appellant. After postmortem of the deceased, it was found that the deceased died due to throttling. She sustained some other injuries also. Hence charge-sheet has been filed against the appellant.