MUNNA @ MANSHALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused has preferred this appeal being aggrieved by the judgment dtd. 30/9/2009 passed by Additional Sessions Judge, Pipariya, District Hoshangabad whereby he has been convicted by the trial Court for committing offence punishable under sec. 302 of the Indian Penal and sentenced to undergo life imprisonment with fine of Rs.1,000.00, and in default of payment of fine amount, to suffer rigorous imprisonment for one month.

(2.) It is not in dispute that, deceased (Asha Bai) was wife of the accused/ appellant. Both were residing in the same house situated in Jai Prakash Ward, Pipariya, District Hoshangabad. The prosecution witnesses, namely, Sandeep and Sangita were their children. At the time of incident, they were also residing with their parents in the same house.

(3.) In brief, the prosecution case is that in the intervening night of 3/3/2018 & 4/3/2018 at about 2 a.m. the appellant committed murder of his wife at his own house on account of some dispute and quarrel on the ground as to why appellant got assaulted her through Lachchho Bai. In presence of the children, the appellant took fire-wood and gave its blow on his wife (Asha Bai). As a result of which, she became unconscious. Thereafter, the appellant flee away from the house. Since the children were not aware about the critical condition of their mother, they lay the body of their mother on the bed and went off for the sleep. In morning their aunty-Ms.Arti and Maan Singh came there. At that time, Asha Bai was alive, but was in serious condition, later in their presence she died. The children of deceased (Asha Bai) told them about the entire incident. Thereafter, Sangita(daughter of the appellant) went to the Police Station alongwith her relatives and lodged the First Information Report (Exhibit-P-21) against her father (appellant) at the Police Station, Pipariya, which was registered as Crime No.144/2008 for offence under sec. 302 of the Indian Penal Code. After investigation of the matter, charge- sheet was filed by the Police at the concerned Court.