PUNJA Vs. STATE OF M P

JUDGEMENT

(1.) BY this appeal, the appellant assails the judgment dated 13-12-2005 by which he stands convicted for offences punishable under Sections 302 and 201 of the Indian Penal Code and sentenced thereunder to imprisonment for life and R. I. for 7 years and fine of Rs. 1,000/- (in default of payment of fine further RI for six months) awarded thereunder.

(2.) THE deceased Babudibai was the wife of the appellant. According to the prosecution, her dead body was seen afloat a well and a report with regard to unnatural death was lodged on 4-3-2005 at 11 o'clock by Kanhaiyalal at Police Station Ravti vide Annexure P-5, on the basis whereof a 'merg' under Section 174 of the Cr. PC was registered. The dead body was recovered from the spot in the presence of the witnesses vide Panchanama Ex. P-3 and was identified to be the body of Babudibai. Inquest was held by P. W. 19 D. B. S. Tomar and report Ex. P-2 was prepared. The dead body was sent for post-mortem examination where it was seen by P. W. 20 Dr. N. M. Unda, who gave the report Ex. P-19 to the effect that she had met death which was homicidal on account of the injuries having been caused to her by means of a hard and blunt object. Accordingly, FIR Ex. P-12 was recorded and the accused was arrested vide Ex. P-ll.

(3.) THE viscera of the deceased was obtained and sent for examination to the Forensic Science Laboratory alongwith the femur of the deceased as also the stone, which had been tied to the body of the deceased. After completion of the investigation, the accused was prosecuted.