RAJABHAIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) Being aggrieved by judgment of conviction and order of sentence dated 15th September, 2009 passed by Second Additional Sessions Judge (Fast Track) Pichhore, District Shivpuri in Sessions Trial No. 19/2009, appellant has preferred this Appeal under Section 374(2) of Cr.P.C. By the impugned judgment, appellant has been held guilty of offence punishable under Section 302 of IPC and sentenced to suffer imprisonment for Life alongwith fine of Rs. 500/- and in default of payment of fine, to further undergo three months additional rigorous imprisonment.

(2.) As per the case of prosecution, on 4/9/2008 about 11.30 am at village Nagraila near Dagwaha Check Dam, Smt. Manjuraja (deceased), her daughter Pooja and niece Jyoti were taking bath. Suddenly, accused Rajabhaiya visited wielding Lathi and gave 5-6 Lathi blows to deceased over her head and back, which caused oozing of blood from the injuries and due to said blows, her fronto parietal bone broke and brain matter came out. Husband of deceased Sumer Singh also reached the spot during said period for taking bath and witnessed the incident. Deceased shouted for help, but succumbed to the injuries immediately. It was alleged that accused used to coerce her for entering into illegitimate relationship but his advances were repelled by the deceased which resulted into such gory incident. On spot deceased's husband Sumer Singh, daughter Pooja, niece-Jyoti and other members of village were present and witnessed the incident.

(3.) Information was given to Police Station Picchore, over which FIR was noted down and offence under Section 302 of IPC registered against the accused. After investigation, charge-sheet was filed and matter was committed to the Court of Sessions.