MEERU Vs. STATE OF MP

JUDGEMENT

(1.) APPELLANT being aggrieved by his conviction for offence under section 302 of the Indian Penal Code and sentence of rigorous imprisonment for life by the Addl. Sessions Judge, Katni by judgment dated 7.3.1989 passed in Sessions Trial No. 34/88, has preferred this appeal.

(2.) ONE Phuliya Bai was found dead on 5.5.1987 in a Mango Orchard. Fact of her death was reported to the police. On receipt of the aforesaid information, Police personnel came and inquest report of the dead body was prepared. Thereafter, the dead body was sent for postmortem examination which was conducted by PW 17 Dr. K.C. Singhai. In his opinion, Phuliya died of asphyxia due to throttling. According to the prosecution, the deceased was wearing a gold Khutiya (nose pin) and Lachchas (large rings worn in legs) and same was found missing. According to the prosecution its value is Rs. 350 and Rs. 10/ respectively. During the course of investigation, according to the prosecution, same were recovered from the appellant on his memorandum. Police after investigation, submitted charge sheet against the appellant and he was ultimately committed to the Court of Sessions to face trial for offence under section 302 of the Indian Penal Code for causing the death of Phuliya.

(3.) WE have perused the evidence of PW 17, Dr. K.C. Singhai, who had conducted the post mortem examination on the body of the deceased. He has found following injuries on the body of the deceased :