Alok Verma, J. - (1.)Aggrieved by the judgment of convicting and sentence passed by the learned Sessions Judge, Indore in Session Trial No.200/2004 dated 19.04.2005 whereby the learned Sessions Judge convicted the present appellant under Section 302 of IPC and sentenced him to life imprisonment, this appeal is filed challenging his conviction and sentence passed by the learned Sessions Judge in aforesaid session trial.
(2.)According to prosecution story, the incident took place on 02.03.2004 at about 10:00 a.m. The deceased Jebun Bee and her daughter Shahin were going towards Roshan Nagar Tower when the appellant met them and started fighting with Jebun, who is wedded wife of the appellant. He was demanding 'Farkati' from her. Suddenly, he caught hold of her and started inflicting injuries by knife. Due to the incised injury in her abdomen, her intestines came out. Her daughter Shahin, who was with her went to call her parental uncles Rafeeque and Shafeeque. They both reached there. They saw the appellant running away from the spot. They shifted the deceased Jebun Bee to the hospital, where she was declared brought dead. Rafeeque Kha lodged the report, which is Exh.P-5. After due investigation, charge-sheet was filed before the learned concerning Court of Magistrate, which was committed to the Court of Sessions.
(3.)Learned Sessions Judge framed charges under Section 302 of IPC. The charges were read over to the appellant and the appellant abjured the guilt.