MOTIYA @ MOTILAL Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against his conviction awarded by 2nd Additional Sessions Judge (Fast Track) Kukshi District Dhar vide judgment dated 11.06.2017 delivered in Sessions Trial No.313/2013 whereby the learned trial Court has held the appellant guilty for the offence under Section 302 of IPC and sentenced him for life imprisonment with fine of Rs.1,000/-. In default of payment of fine amount further to undergo six months R.I.

(2.) Prosecution case in brief is that marriage of daughter of Raysiya and Mehandibai was solemnized with the appellant, but she was not interested to live with him due to his misbehavior or ill-treatment as he used to beat her. Later, she left him. The appellant was annoyed by this and he was asking the deceased either to send his wife or to give him money in lieu thereof. On 30.08.2006, about 17:00 hours, when Raysiya was come home after finishing his job from house of Bhagwan, the appellant suddenly assaulted on him from back. He caused injuries on his back, head and also on chest by Kharliya (wooden log). Wife Mehandibai intervene and saved him. He was immediately brought to the police out post Nisarpur, FIR (Ex.P/8) was lodged, Crime No.060/06 under Section 323, 324 and 506 of IPC was registered at the out post Nisarpur and the same was sent to the police station for registration of crime. The injured was sent to the Government hospital, Nisarpur. Doctor medically examined him and found two lacerated wounds on the back and left region of the head and a stick injury on the back near shoulder. X-ray of head was advised. He was referred for district hospital, Badwani where, during treatment, he died on the next day of the incident i.e. on 31.08.2006. After his death, the police converted the case into 302 of IPC and investigated the same. A Merg was also registered. The police prepared Punchnama Lash, sent the body for postmortem with requisitioned, visited on the spot, prepared spot map, arrested the accused, seized wooden log on the disclosure statement of the accused and after usual investigation, filed charge-sheet.

(3.) The accused was charged, tried and convicted for the offence under Section 302 of IPC and awarded sentence as stated in para no.1, above.