NATTHU KACHI @ BITWA Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
Natthu Kachi @ Bitwa
STATE OF MADHYA PRADESH
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S. K. Gangele, J. -
(1.) Appellant has filed this appeal against the judgment dated 13.5.2008, passed in S.T. No.75/2007. Appellant was prosecuted for commission of offence punishable under Section 302 of IPC.
(2.) Prosecution story in brief is that appellant had suspicion that the deceased had illegal relationship with the wife of the appellant. When the deceased was taking bath the appellant armed with Axe came there and inflicted injury on the neck of the deceased. Wife of the deceased tried to save the deceased. She catch hold the appellant. However, appellant inflicted another blow of axe on the jaw of the deceased and ran away from the spot. Shribai lodged the report at the police station. Police conducted investigation and filed the charge sheet. Appellant abjured his guilt during trial and pleaded innocence. However, trial court held appellant guilty for commission of offence of murder and awarded sentence of life with fine of Rs.200/-.
(3.) Shribai Dhimar P. W. 3 is the eye-witness. She deposed that my husband was taking bath at the house and I also standing near him. Appellant came there, he was armed with axe. He was sharping axe, thereafter, he had inflicted blow of axe on the neck of the deceased and second blow on mouth and third blow at the thigh. I cried, thereafter, Majhle Raja, Rameshwari and Batna reached on the spot. We had taken the deceased to Amanganj Police Station and thereafter hospital. He was died on the way. I lodged the report at the police station, which is Ex.P.3.;
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