SARDAR Vs. STATE OF M P

JUDGEMENT

(1.) Aggrieved by the judgment pissed by VIIth Additional Sessions Judge, Indore, in Sessions Trial No. 95/83 dated 27-7-84, convicting the appellant under section 302 and sentencing him to undergo imprisonment for life, the appellant has preferred this appeal.

(2.) Prosecution story in brief is that on 21-11-82, at about 12 in the noon, the accused and his wife Sugnabai were seen quarrelling on Ringnodia Road. The accused was persuading Sugnabai to return back to her home, and she was refusing. The accused was dragging her and on the resistance made by Sugnabai, he dealt blows with a knife on her neck and stomach and fled away from there. Sugnabai was found injured by the witnesses who lifted her and brought her on the road up to the shop. But she succumbed to her injuries before the witnesses were able to take her to the hospital. P.W. 1 Kanhiyalal who is the uncle of the deceased, lodged the F.I.R. Ex. P.1 at the police station. The police registered an offence against the accused-appellant and started the investigation. After the investigation, a charge-sheet was filed in the court by police Shipra. At the trial, the accused was charged by the learned A.S.I. for committing an offence under section 302 by causing the death of Sugnabai. The accused abjured the guilt and claimed a trial. After the trial the accused was convicted and sentenced as above. Hence, this appeal.

(3.) It is not disputed before us that Sugnabai died a homicidal death. Eye-witnesses including P.W. 1 Kanhiyalal and P.W. 2 Hazarilal deposed about the injuries on the person of the deceased. Dr. Rajendra Joshi (P.W. 7) found 3 injuries on the person of the deceased out of which one was on the neck and one was on the stomach. They were caused by some sharp piercing weapon. According to Dr. Joshi the deceased died due to haemorrhage and shock resulting from the cutting of the carotid artery and left internal jugular vein in the neck. As such from the evidence on record also it is proved beyond doubt that deceased died due to the injuries caused to her.