LAWS(MPH)-2009-8-96

SHRILAL OJHA Vs. STATE OF M P

Decided On August 06, 2009
SHRILAL OJHA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS appeal has been filed by appellant from jail. The appeal was listed for hearing on 31. 8. 2009. Since it is barred by time by 2055 days, an application under Section 5 of the Indian limitation Act has been sent by the appellant from jail for condoning the delay in filing the appeal. This court on 3. 8. 2000 directed the learned counsel for the parties that appeal will be heard on the application condoning the delay (LA. No. 6730/2009) as well as on merit, eventually, this appeal has been listed today. We have heard learned counsel for the parties on IA No. 6730/2009 and in the order sheet for the reasons assigned therein we have already condoned the delay in filing the appeal. At the request of learned counsel for the parties we have heard them on merit of the case.

(2.) FEELING aggrieved by the judgment of conviction and order of sentence dated 9. 7. 2002 passed by learned Sessions Judge, guna in Sessions Trial No. 70/2002 convicting the appellant under Section 302 of IPC and thereby sentencing him to suffer life imprisonment and fine of Rs. 1,000 and in default to suffer simple imprisonment of four months, the appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(3.) IN brief the case of prosecution is that gayatridevi, (hereinafter referred to as the deceased) is the wife of appellant. On 3. 1. 2002 at 4. 35 a. m. complainant-Manish along with his younger brother Jagdish came to the police station and lodged the first Information Report that when they were sleeping in the house, they heard the scream of deceased coming out from her room, as a result of which both of them wake up. They saw that appellant, who is the husband of deceased, was pressing her neck by his leg and was saying that she should not restrain the appellant in selling the house. Thereafter, in order to kill the deceased, appellant picked up a long bodkin and dealt its blow on her neck which passed through and through in the neck. Thereafter, again one more blow was dealt by appellant on the left abdominal side of the deceased. Further, it has been mentioned in the report that for last 3-4 months there was some quarrel in between the appellant and the deceased on the point of selling of the house. Since today their mother (deceased) was saying to the appellant not to sale the house, in order to kill her, appellant dealt blows of bodkin to her.