GORELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal under Section 374 of Cr.P.C. has arisen out of the impugned judgment and order of conviction and sentence dated 27th August, 2002 rendered in Sessions Trial No. 159/01 by the Additional Sessions Judge, Ganjbasoda, district Vidisha (M.P.), thereby the learned trial Judge convicted the appellant for commission of murder of his wife, namely, Smt. Kantibai under Section 302 of I.P.C. and sentenced him to suffer imprisonment for life with a fine Rs. 100/- and in default to suffer three months' additional rigorous imprisonment. However, by the same findings, the appellant stood acquitted of the offence under section 304-B of I.P.C.

(2.) FACTS in short as came out from the evidence led before the trial court, which are just necessary for the disposal of the instant appeal are that on 29th May 2001 at around 8.30 in night, Kailash alongwith village chowkidar Kok Singh informed to the Police Station that his daughter-in-law died by strangulation. A Marg Report at No. 13/2001 vide Ex.P. 18 was written and inquiry was made. After inquiry and postmortem report of the deceased Kantibai, an FIR was lodged against her husband, present accused. After investigation, the charge-sheet was filed and on committal, the session trial was commenced. The charges for committing offence punishable under Section 302 of I.P.C., in alternative under Section 304-B of I.P.C. were framed. After trial, the accused was convicted for murder of his wife and sentenced, as indicated above. Being aggrieved by the judgment of conviction and sentence, the accused- appellant has preferred this appeal.

(3.) HEARD the learned counsel appearing for the accused/appellant and also the learned Public Prosecutor appearing for the State. We have also perused the prosecution evidence and all documents exhibited and proved by the witnesses and gone through the accused statement recorded under Section 313 of Cr.P.C.