DHARAMRAJ GANPAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. has been preferred by the appellant ? Dharamraj, which is arising out of the judgement of conviction and sentence pronounced on 17.06.2009 by the Additional Sessions Judge, Ujjain in S.T. No.280/2008, whereby the appellant has been convicted under Section 302 of IPC for committing the murder of his wife and sentenced to life imprisonment with fine of Rs.500/-and in default, to suffer additional 2 months RI.

(2.) Brief facts of the case are that the appellant doubted the character of his wife Krishnabai and nursed grudge against her. On 28.02.2008, Satyanarayan, son of the appellant came with his maternal uncle Sohanlal and lodged a report at Police Station Badnagar, in which it was stated that the complainant had gone to the agricultural field and when he came back at around 6.30 PM, he heard shrieks of his mother Krishnabai and when he entered the house, he saw appellant/father carrying knife in his hand and his mother lying dead in cot in pool of blood. The complainant came out and cried aloud. Hearing his cries, grandmother of the complainant and other neighbours came rushing and the appellant went away on his motorcycle.

(3.) FIR was registered vide Crime No.85/2008 under Section 302 of IPC against the appellant, the police drew spot map, merg was instituted, panchnama of the body was prepared. Dr. Fakruddin Saifi (PW-5) conducted post-mortem. The Investigating Officer recorded the statements of witnesses. The accused/appellant was arrested and knife was recovered from him on the basis of his memorandum. His blood stained shirt was also seized. The incriminating articles were sent to FSL, Sagar vide draft letter Exhibit-P/18 and FSL reports are Exhibit-P/19 and P/20. The accused also revealed that he had tried to destroy the clothes of deceased worn by her at the time of incident by burning them at a secluded spot and burnt clothes and ash were seized from the spot shown by him.