- (1.)The appeal has been preferred by the accused-appellant Phool Singh aggrieved by judgment dated 27.3.1998 passed by Sessions Judge, Narsinghpur, in S.T. No.116/97 whereby he has been convicted for offence u/s 302 of IPC for commission of murder of his wife Pyari Bai with the help of an axe on 21.6.97 at about 3:00 a.m. at village Ankhiwada, P.S. Gotegaon, District Narsinghpur. He has been sentenced to rigorous life imprisonment and a fine of Rs.500/-, in case of default of payment of fine accused has to undergo 3 months simple imprisonment.
(2.)The prosecution case, in short, is that the deceased Pyari Bai, Jugraj, father of accused, accused and his son Anni @ Anil (P.W.10) and the mother of accused used to live in the same house at village Ankhiwara. In the intervening night of 20th & 21st June, 1997 the accused along with his wife, his children and father Jugraj was sleeping in the courtyard of his house. A Panchayat had been convened owing to the dispute arose between the accused and the deceased prior to the date of incident in which Jugraj was also summoned, deceased had also taken a part. Deceased was residing for considerable period in the parental house along with her father. After lapse of considerable time, she came back to the house of accused- husband. Annu @ Anil, aged 7 years, was sleeping along with the deceased on the same cot, at about 3:00 a.m. when Jugraj heard hue and cry raised by Annu @ Anil (P.W.10), Jugraj woke up and found that accused was standing armed with the axe and was inflicting injury on Pyaribai. The injuries were inflicted on the neck. She died on the spot. Jugraj due to fear of accused took 3 grand children to village Kotwar Premlal and informed him of the incident. He also informed Ramcharan, Sarpanch of Gram Panchayat and Lochan Singh Patel about the commission of the offence by his son Phool Singh. Jugraj went to the police station along with village Kotwar Premlal and lodged the report on which investigation was set in at marg no.31/97, thereafter the report (Ex.P.16) had been recorded at 6:45 a.m. It was mentioned that accused Phool Singh entertained a doubt as to the character of his wife due to that she was killed. Statements of witnesses were recorded. Inquest of dead body was prepared. Post-mortem was performed. Blood stained and control soil was seized and accused was arrested, on the basis of information furnished by him u/s 27 of Evidence Act, the axe was seized from a room in the house of accused, underwear of accused was also seized. In the post-mortem 5 incised wounds were found on the person of deceased. Injuries were inflicted by the sharp edged weapon. Injuries no.1,2 & 3 were on the neck, injury no.4 was near left mandible in the frontal portion of neck, injury no.5 was on lower 1/3rd of left forearm. Annu @ Anil (P.W.1) has also sustained injury in the incident. He was also medically examined, on his palm incised wound of 4cm x 1/2cm x muscle deep was found, it was also caused by a sharp edged weapon. Prosecution further submitted that accused doubted the character of his wife, consequently he used to beat her, he had doubted her of illicit relationship with the neighbour Chetram and brother-in-law Mahesh. 3-4 years before the incident Panchayat was convened in order to resolve the aforesaid dispute. Pyari Bai was sent back to her parental house. She resided for 2 years with her father, thereafter on writing a letter by Durg Singh, Upsarpanch, she came back to the house, consequently due to the aforesaid doubt Pyari Bai's murder was committed by her husband.
(3.)Blood stained and control soil, axe and underwear of the accused were sent to FSL for chemical examination, except on control soil on the other articles presence of blood was found. After investigation accused was charge-sheeted.