SEWA RAM AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by appellant Sewa Ram Ahirwar under Section 374(2) of the Code of Criminal Procedure, 1973 challenging the judgment of conviction dated 27.08.2009, passed by Sessions Judge, Jabalpur in Sessions Trial No.612/2008 by which he has been convicted under section 302 of the Indian Penal Code (for short the ' IPC ') and sentenced to rigorous imprisonment for life and fine of Rs.500/-, with default stipulation, for committing murder of his wife Smt. Savita Ahirwar.

(2.) The prosecution story, in brief, is that in the intervening night of 22nd and 23rd August, 2008, PW/2 Mahendra Singh (son of accused appellant) accompanied with PW/1 Anuj Dubey, owner of the Factory, came to Police Station Adhartal to lodge a report stating that he resides at Ladiatola, Maharajpur and is a student of third standard. His father Sewa Ram Ahirwar is working in Ordnance Factory Khamariya. He is residing alongwith his father, mother Savita Ahirwar, brother Atul Singh aged 5 years and sister Amisha aged 3 years. His father invariably used to fight with his mother on issues relating to household work and cooking on account of which number of times their neighbours and his grandmother (Nani) used to ask his father not to fight with his mother, but all in vain. On 22.8.2008, at about 10.45 PM, his father was causing injuries on his mother by kicks and fists and his mother was crying. On hearing her shrieks, he got up and saw that his father came with an axe and inflicted axe injury on the neck of his mother, due to which she fell down and blood was oozing out from the wound. Thereafter his father inflicted several injuries on his mother till she died. After causing multiple injuries on his mother, his father took them on his bicycle and left them near a Factory at Suhagi in the night. All the three children started crying. Hearing their cries, one person came there and asked them as to why they were crying. They narrated the whole story and stated that their father after committing murder of their mother by causing axe injuries had left them. He came alongwith PW/1 Mahendra to lodge the report at Police Station Adhartal. PW/8 S.K. Seth, Sub Inspector registered Crime No.523/08 for offence under section 302 IPC and recorded the statements of PW/2 Mahendra and PW/1 Anuj Dubey, the owner of the Factory. Thereafter PW/8 S.K. Seth proceeded with the investigation. In the morning in the presence of witnesses PW/3 Kamlesh, PW/2 Mahendra, and others he had inspected the place and prepared the Panchnama. Thereafter, the body was sent for post-mortem to Medical College, Jabalpur. In the presence of witnesses Vishnu Patel (not examined) and PW/6 Girish Kumar, PW/8 S.K. Seth prepared the spot map Ex.P/11, and thereafter from the place of occurrence broken pieces of bangles worn by deceased Smt. Savita Ahirwar were collected alongwith plain and blood stained earth vide Ex.P/16. The appellant was arrested on 23.8.2008 and on the basis of memorandum Ex.P/6, in the presence of witnesses Kamlesh and Girish, an axe was recovered at his instance vide Ex.P/7, which had blood stains on it. The clothes worn by the appellant also stained with blood, were seized.

(3.) The body was sent for post-mortem to Medical College, Jabalpur. PW/4 Dr. R.P. Pyasi conducted the post-mortem of deceased Savita Ahirwar and as per report - Ex.P/9A, the deceased had sustained the following injuries: