ARJUN SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Arjun Sharma has preferred this appeal against his conviction under Section 302 of the Indian Penal Code, with sentence of imprisonment for life recorded by 1st Additional Sessions Judge, Ambikapur (Surguja), vide judgment dated 14. 3. 1988, passed in Sessions Trial No. 147/84.

(2.) THE prosecution case, in short, is that Radha Bai (since deceased) was the 'legally wedded wife' of accused Arjun Sharma, and used to reside with him in his house. Accused Arjun Sharma was in the habit of consuming liquor frequently, and under its influence used to assault his wife Radha Bai very often. On 16. 3. 1984, accused Arjun Singh strangulated his wife Radha Bai to death and thereafter raised hue and cry that his wife has committed suicide, by hanging herself. On postmortem examination, one incised wound on the forehead and multiple abrasions on the face were found on the body of deceased Radha Bai. Ligature marks and abrasions were also found on her neck. In the opinion of the Autopsy Surgeon, the cause of her death was asphyxia due to strangulation. After completing the investigation, Police Jai Nagar charge-sheeted the accused for the commission of the offence under Section 302 of the IPC.

(3.) ACCUSED Arjun Sharma denied the allegations contained against him, in the charge-sheet, and pleaded false implication. It was specifically pleaded by him that he had gone for attending his duties in the night and when the came back in the morning, he found that the doors of the house were bolted from inside and when the same was broken open, Radha Bai was found dead.