IDU @ MUKAMSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has come before this Court against judgment and order dated 28/06/2013 passed in S.T. No.106/2012 by ASJ, Jobat, District-Alirajpur, whereby the learned trial Court has convicted the appellant for the offence punishable under Section 302 of IPC and awarded life imprisonment and fine of Rs.1,000/-, in default, further to undergo 6 months R.I.

(2.) Background facts in brief are that on 07/03/2012 the complainant - Ajbai had gone to her field to give water to her Idu @ Mukamsingh S/o Dudala Bhilala vs. State of M.P. bulls. On coming back, she saw that her husband Thaansingh was lying on cot. The appellant was sitting on his chest and was striking stone on his head. As she screamed, he also attacked on her and chased her with the stone in hand. She hid herself behind her house. The accused could not see her and ran towards her house. On hearing her scream, Naharsingh, Salam and Genda rushed to the spot and saw the incident and also saw that the accused was running away from the spot. Alleging that few years back Idu (accused) wanted to purchase a land from the deceased. The deceased was also agree for that, but the accused did not pay consideration, therefore, the deceased was thinking to sale the land to any other person, annoyed by this, earlier also the accused had threatened the deceased to kill him and due to this enmity, the appellant has killed her husband. The complainant could not file the report due to non-availability of any conveyance in the late night hours. On next date i.e. 08/03/2012 at about 08:00 in the morning, she approached the police alongwith Naharsingh, Salam and Genda and filed report Ex.P/9. The police registered crime No.66/2012 under Section 302 of IPC and investigated the same.

(3.) Investigating Officer Rakesh Vyas (PW/8) visited the spot, issued notice Ex.P/2 to the witnesses and prepared memo of corpse, sent the dead-body for postmortem with the letter Ex.P/15 and obtained report Ex.P/12, prepared spot map, collected blood stained and plain soil from the spot, blood stained earring, shawl and turban and scribed seizure memo Ex.P/4. He arrested accused vide Ex.P/5, recorded his statement under Section 27 of the Evidence Act Ex.P/6, seized Idu @ Mukamsingh S/o Dudala Bhilala vs. State of M.P. a blood stained stone vide Ex.P/7. Sent all seized articles to FSL for chemical analysis vide letter Ex.P/16 and received report Ex.P/17. After completing the investigation, the police filed the charge-sheet.