TEJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed by the accused against the judgment and order dated 8-1-1988 passed by 1st Additional Sessions Judge, Shajapur, in S.T. 144/87 whereby he was convicted under Section 306 of the Indian Penal Code.

(2.) It was not in dispute that the deceased Suntibai was married to the appellant 6-7 years before the incident. Her dead-body was found in a well in the vicinity of the house of appellant.

(3.) The prosecution case in brief was that the appellant used to beat his wife Suntibai, therefore, she left his house and went to her parents house at village Sapkheda, 3 kms. away from Shajapur on Wednesday. On Sunday, 22-6-1987 her father Ramsingh (PW 1) and mother Bhavarbai (PW 3) brought her from their house and left her in the house of the appellant in Shajapur. The deceased lodged report Ex. P7 that she was beaten by her husband. On the next day her dead-body was found in well. On report, S.H.O. Shri B.S. Kang (PW 6) went to the well and recovered the dead body of Suntibai. He conducted inquest on the dead-body prepared report Ex. PT and seat the same to District Hospital. Shajapur for post-mortem examination where Dr. Nandkishore Gupta (PW 2) conducted autopsy on the dead-body and opined that the cause of death was asphyxia, caused by drowning in the water vide report Ex. P2. The Investigating Officer inspected the spot and prepared map Ex. 3 and seized pieces of bangles and Paijeb from the house of the appellant vide seizure memo Ex. P4. After investigation challan was filed. The appellant pleaded not guilty and false implication. The Tribunal convicted and sentenced the appellant as stated above. Hence, this appeal.