SEVAK RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Sewak Ram was convicted in Sessions Trial No. 132 of 1995 for commission of offences punishable under Sections 302 and 201 of the Indian Penal Code and was sentenced to imprisonment for life and R.I. for two years, vide judgment and order dated 5-8-1996 passed by Second Additional Sessions Judge. Durg. The accused-appellant has challenged his conviction in this appeal.

(2.) Astoria Bai whom the accused had recently taken as his wife was found dead in her mothers house in the night intervening 6th and 7th October, 1992. On receipt of information about unnatural death. Marg was registered at Police-Station Pulgaon. The body of the deceased which was hanging from the beam was brought down in the presence of Executive Magistrate and Lash PanchnamaT (Ex. P.2) was prepared. The body was then sent for post-mortem examination and on receipt of the postmortem report (Ex. PA), the police registered an offence under Sections 302 and 201 of the Indian Penal Code against the accused on 17-10-1992.

(3.) The prosecution case was that deceased Astroia Bai was earlier married to a person in Village Anda. She left him 7 or 8 years ago and came back to her motherTs house. She was having a minor son from her first husband. Thereafter she married a person of Village Supela. But he too abandoned her after a couple of months. This appellant had made her his wife only a fortnight before this incident. His parents and children were also living in Village Anda and his first wife had died a year ago. After his re-marriage the accused used to live in the house of the mother of deceased.