KADTI PAPAIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant Kadti Papaiya was convicted in Sessions Trial No. 128/87 for commission of murder of his wife Kadti Kanni vide judgment and order dated 3.12.1987 under section 302 Indian Panel Code and was sentenced to life imprisonment. Aggrieved from the order of conviction and sentence, the appellant has preferred the present appeal from prison.

(2.) THE deceased Kadti Kanni was the wife of the appellant who was put to death by the appellant, as per the prosecution case, in the night, while the appellant, his wife Kadti Kanni (the deceased), alongwith his sons Kadti Narayan and Chinta and his daughter Lachchi were sleeping and by a burning lukathi (a wooden piece) he caused injuries to the deceased as a result of which she succumbed to death. The FIR of the incident which took place in the night intervening between 23rd and 24th December, 1986, was lodged at P.S. Ussoor, Distt. Bastar on 24.12.1986 by PW 2 Vaasam Pojaiya, who was the brother of the deceased. The Lash Panchnama (Ex. P -12) was prepared and the body was sent to the post -mortem examination and the report of the post - mortem examination is Ex. P -10. In the post -mortem examination following injuries were found on the person of the deceased :

(3.) THE prosecution examined as many as six witnesses. (PW 1) Kadti Narayan, who was the son of the appellant, (PW 2) Vaasam Pojaiya, who was the brother of the deceased; (PW 3) Kadti Dharma, to whom the extrajudicial confession was made by the appellant; (PW 4) Baldeoram Patwari, who prepared the site plan; (PW 5) Upendraram, Head Constable, who conducted the investigation; (PW 6) Dr. A.R. Gota who conducted the post mortem examination of the body of the deceased, on 25.12.1986 at the Primary Health Centre, Beejapur.