BHAGIRATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed the present appeal under Section 373 of the Cr.P.C being aggrieved by the judgement dated 25.09.2009, passed in Sessions Trial No.35/2009, passed by the 5th Additional Sessions Judge, Mandsaur, whereby he has been convicted under Section 302 and sentenced to life imprisonment with a fine of Rs.300/- and in default in depositing the fine additional rigorous imprisonment for three months.

(2.) As per prosecution story, on 22.03.2009, the appellant in person gave information in the Police Station Kotwali, Mandsaur that he was having apprehension that his wife Shanti Bai was having some illicit relations with other person and yesterday there was a hot talk between them due to her illicit relationship , he gave a blow from wooden object on her head due to which she became unconscious. He dragged and put her inside the box, strangulated by cloth and closed the box. In the evening his son Vinod enquires about her mother. Thereafter, he went to the Police Station and give information of the said incident. On the basis of the said information the police registered a case under Section 302 of IPC against him and recovered the dead body of Shanti Bai and sent it to the postmortem .After completing usual investigation challan was filed under Section 302 of IPC. The accused in his statement under Section 313 of IPC pleaded not guilty but admitted that he killed his wife and kept her dead body in a box.

(3.) In order to prove the case against the appellant beyond reasonable doubt, the prosecution examined Mohanlal as PW1, Vinod as PW2, Shakir as PW3, Preeti Manawat as PW4, Kishor Singh as PW5, Omkumar Rohila as PW6, Head Constable Mohanlal as PW7, Abdul Sattar as PW8, Babukha as PW9, & Dr. R.P. Parmar as PW10.