- (1.) The Appellant herein stands convicted under Section 302 of Indian Penal Code (IPC for short) by the court of IVth Additional Sessions Judge, Indore in S.T. No. 666/2000 decided on 21.5.2002 and has been awarded life imprisonment with fine of Rs. 500/- and in default of payment of fine, to further undergo R.I. For two months. Feeling aggrieved by the said judgment and order of conviction recorded by the trial court, he was constrained to file Criminal Appeal No. 934/2002 in the High Court of Madhya Pradesh, Bench at Indore assailing the same. The High Court also, after considering the material evidence available on record came to the conclusion that no case for interference was made out and ultimately affirmed the conviction and sentence awarded to him by the trial court. It is against these concurrent findings of fact, appeal has been preferred by the accused/Appellant.
(2.) The brief facts are as under: The Appellant was living with deceased Ashabai for last about 8 to 10 years. Prior to living with the Appellant, Ashabai was already married to another person, but on account of the fact that her husband was a drunkard, she had to leave him and thereafter she started living with the Appellant. The Appellant had some doubt on the character of Ashabai and suspected infidelity. This fact was disclosed by the Appellant to Santosh (PW-7), who was a regular visitor to their house. An Agreement was also entered into between Appellant and deceased Ashabai, to which PW-7 was a witness.
(3.) On 11.6.2000 at 5.45 p.m., while Ashabai and her son, Manoj (PW-9) were taking their meal, Appellant came and stabbed Ashabai's ribs with knife. At that time, Santosh (PW-7) was also present in the said room. Thus, the incident was witnessed by Santosh (PW-7) and Manoj (PW-9), son of the deceased. After causing the injury to the deceased, Appellant tried to fled away from the scene of occurrence. He was apprehended by Santosh (PW-7), but was able to escape successfully from there. Salim (PW-3) is running his tea-stall from nearby place and on hearing the commotion, came to know about the said incident. He, therefore, went to the Police Station to lodge the FIR. On the basis of the said FIR, the criminal machinery was set into motion and offence was registered against the Appellant. In the meanwhile, Santosh (PW-7), looking to the injury sustained by deceased, took her to M.Y. Hospital, Indore. Doctor attending her declared brought dead. Another intimation from M.Y. Hospital, Indore was also sent to the police about the incident. It was recorded in the general diary at serial No. 928. The body was thereafter sent for post mortem, which was performed by Dr. N.M. Unda (PW-14). His post moretm report is Ex. P/22. On the strength of the evidence of Dr. Unda (PW-14) and his post mortem report, it cannot be disputed before us that deceased Ashabai had met with the homicidal death.;