- (1.)Feeling aggrieved by the judgment of conviction and order of sentence dated 12.4.05 passed by the learned Sessions Judge, Guna in Sessions Trial No.193 of 2004, State of Madhya Pradesh v. Premdas Ahirwar, convicting the appellant under Section 302 of IPC and thereby sentencing him to suffer rigorous imprisonment for life with fine of Rs. 1,000 and in default of payment of fine to suffer additional rigorous imprisonment for six months, the appellant has preferred this appeal under Section 374 of Code of Criminal Procedure, 1973.
(2.)The undisputed facts are that the deceased, Radha Bai was wife and Girdhari (PW1) and Kala Bai (PW2) are the parents of the appellant/accused, Premdas Ahirwar.
(3.)The prosecution case, in brief, may be narrated as under:
(i) That, on 29.5.04 at 08.30 a.m., the appellant/accused Premdas Ahirwar having blood-stained axe reached to the Police Station, Aron and lodged report to the effect that about 10 years back he got married with the daughter of Aman Singh Ahirwar, Radha (since deceased). He was living separately from his parents in the same house alongwith his wife. No issue was bom out of the wedlock and even after taking medical treatment, his wife has not begotten. On this, his wife off and on quarrels with him as well as his parents. She used to say to him that 10 Bigas of land be got transferred in her name and she further used to say to cut off his mother & father or herself (the deceased). On account of repeated quarrel, about 8-10 months prior to this happening, she herself poured kerosene on her body and set her ablaze as a result of which she sustained serious bum injuries for which about Rs. 50,000 was spent by him for her treatment and he was compelled to sold his agricultural land for the said purpose. One day prior to this occurrence, she (deceased) made a quarrel with his parents for constructing a house for her and also abused him (accused). He fed up with his wife and at the time of sleeping in the night he planned to put an end to the story of his wife and slept besides her but he was unable to sleep in the whole night except for an hour. At about 4.00 a.m., he raised from bed and by taking kulhari dealt two blows on the neck of Radha as a result of which she had died on the spot. He has no regret of the act done by him. The report was recorded at Crime No. 181/04 under Section 302 of IPC (Exhibit P21j by R S. Tomar, Station House Officer (PW10) against the appellant/ac-cused himself. R.S. Tomar (PW10) seized blood stained axe (Exhibit PI 9) from the accused and also arrested him (Exhibit P20). The criminal law was triggered and set in motion.

(ii) That, the investigating agency reached to the spot, prepared spot map (Exhibit P10), seized necessary articles including bloodstained earth etc. Prepared inquest (Exhibit P2) on the dead body and sent it to for post-mortem. Investigating agency also recorded the statements of the witnesses who were acquainted with the facts of the offence. Dr. S.P. Sharma Senior Scientist. Scene of Crime Mobile Unit. Guna (Pw8) was also called whereupon he reached and inspected the place of occurrence, prepared spot map and taken photographs (Exhibit P11 to P16) and prepared CD. (Exhibit P17);

(iii) That, on 29/05/04 at 01.30 p.m., Dr.V.S. Raghuvanshi (PW6) Medical Officer, Community Health Centre, Aron conducted the post mortem of the deceased and vide report (Exhibit P7) opined that death was due to shock (neurogenic) on account of injury to spinal cord at the level of cervical vertebrae. Blood-stained clothes worn by the deceased were also seized and;

(iv) That, on completion of the investigation, a charge-sheet was filed against the appellant/accused before the Judicial Magistrate, First Class, Aron, who on its turn, committed the case to the Court of Sessions, Guna from where the accused was tried.