SUNDER LAL MEHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal filed under Section 374(2) of the Code of Criminal Procedure is directed against the judgment of conviction dated 12.8.2009 passed in Sessions Trial No.165/2006 whereby appellant is convicted under Section 302 of IPC and directed to undergo sentence of life imprisonment and fine of Rs.2,000/- with default stipulation. In addition, he is found guilty under Section 201 of IPC and is directed to undergo three years RI alongwith fine with default stipulation.

(2.) Case of the prosecution is that the appellant Sunderlal and his brother Inder with a common intention killed appellant's wife Sunita. On 24.6.2006, between 3.00 to 11.00 p.m. in Gram Karaihya, Sunderlal murdered his wife and gave a false information to Police Station, Themi on 25.6.2006 that his wife died because of vomiting and dysentery.

(3.) As per the prosecution story, the appellant carried his wife Sunita in a tractor from Village Khurpa on 24.6.2006 at around 9 O' clock. He took a tractor on rent and brought his wife Sunita to Devnagar and consulted a doctor. The doctor expressed his inability to treat her considering her grave health condition because of which he took his wife to Village Dangidhana. At Dangidhana, his wife died. The appellant informed his in-laws about the death of Sunita. Appellant also informed Police Station, Themi where Marg No.8/6 was registered and investigation was initiated.