KHUMAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant against the judgment dated 26.7.1994, passed by 1st Additional Sessions Judge, Seoni in Session Trial No.86/93, whereby the appellant has been convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 500/-, indefault of payment of fine further simple imprsonment for 6 months.

(2.) It is not in dispute that deceased Dularibai was the wife of the appellant. She died due to fatal injuries sustained by her on neck and head at the appellant's house.

(3.) In brief the prosecution case is that appellant and his wife Dularibai both were residing together at Village Banhodi. On 24.4.1993 at about 12.30 PM the appellant came to his house, at that time he was hungry and demanded food from his wife. She gave food to him but she taunted him about his laziness, therefore, in sudden anger he inflicted four blows of an axe on the neck of the deceased. Thereafter he came out from his house. When he was going to the police station to lodge the FIR, on the way he told about the incident to Deena, Gorelal, Mulchand and Bhavani. Thereafter FIR was also lodged by the appellant at the police station Lakhnadaun. After the investigation, charge sheet was filed against the appellant.