PRAHLAD @ GUDDA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant, being aggrieved by the judgment dated 10.09.2009, passed by Sessions Judge, Damoh in S.T. No.123/2009, whereby the appellant has been found guilty of the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to imprisonment for life and fine of Rs.500/-, with a stipulation for one month's rigorous imprisonment in case of default .

(2.) Prosecution case, in brief, is that the appellant has caused death of his wife Kalpana by axe on account of her refusal to give money for liquor on 25.01.2009. A report to this effect was lodged by Tarachand, aged 12 years, son of deceased that on 24.01.2009, at 09.20. P.M. after having dinner, his father asked for money for liquor from his mother, who refused it. As a result, a verbal altercation ensued between them, which continued till late. At 5.30 A.M., his father hit his mother on head with an axe 2-3 times, as a result of which she fell down and died, whereafter he ran away. On hearing their hue and cry, his nani (maternal grandmother), Ram Kumar, Jagannath and other neighbours came to the spot.

(3.) On the basis of merg and Dehati Nalishi, criminal law was set into motion. The Investigating Officer made spot map and seized the blood stained soil and clothes of Tarachand and after recording Panchnama and the statement of witnesses, sent the body of the deceased for postmortem examination.