ORDER

Rusia, J. -- 1. The appellant has filed the present appeal being aggrieved by judgment dated 31.10.2008 passed by Third Additional Sessions Judge, Khargone, West Nimar in Sessions Trial No.90/2008 whereby he has been convicted u/s. 302 of the IPC and sentenced to undergo life imprisonment and to pay fine of Rs.100/- and in default of payment of fine amount, to further undergo One year additional RI. This appeal has been filed through Legal Aid Services Authority. Facts of the case in short are as under :

2. As per prosecution story, the appellant and his wife - Surmi Bai were residing in a rented house of Gorelal (P.W.3) in Village Sirwel. Prior to that, they were residing in Khargone. They were engaged to work in the agricultural field of Gorelal. Sandeep (P.W.2) (minor) has started living with appellant - Santosh after the death of his parents. On 16.3.2008 before 5.00 am. appellant, deceased Surmi Bai, Sandeep (P.W.2), Suresh (P.W.11) and Pinku (P.W.12) were sleeping in the house constructed in the agricultural field. In the mid of night Sandeep (P.W.2) got up from sleep to drink water and saw that appellant was quarreling with the deceased Surmi Bai. The appellant took out a 'Datua' (made from iron designed like hammer ) and gave four blows by means of Saria on the head of the deceased Surmi Bai and she could not utter a word and died. Thereafter, the appellant ran away towards the village. Thereafter, Pinki (P.W.12) ,Sandeep and Suresh also got up from sleep. They gave the information of the incident to Fatiya (P.W.1). Fatiya along with his younger brother Gorelal (P.W.3), son-in-law Dayaram (P.W.4) and other villages reached to the spot and found Surmi Bai lying dad near the Well with blood oozing from head. Fatiya (P.W.1) lodged the FIR in Police Station Bhagwanpura at 10.20 am. on 16.3.2008. The FIR was registered against the appellant u/s. 302 of the IPC (Exh. P/1) at Crime No. 73/2008. The matter was taken into investigation. The investigation was started by Sub Inspector S.S. Parihar (P.W.13). He prepared the 'Safina' form and recorded the statement of the witnesses. “Naksha Panchayatnama” was prepared on the spot vide Exh. P/4. The dead body of Surmi Bai was sent for postmortem vide Exh. P/14. Bloodstained soil and plain soil, bloodstained mattress, one pair of sleepers, etc. were seized from the spot. The appellant Santosh was arrested vide Exh. P/8 and on his memorandum vide Exh. P/9 bloodstained 'Datua' was seized vide Exh. P/10. The seized articles were sent for FSL vide Exh. P/17 to FSL, Rau, District Indore from where the FSL report vide Exh. P/17 was received. The police have recorded the statements of the witnesses - Gorelal (P.W.3), Dayaram (P.W.4), Bhaga (P.W.6), Suresh (P.W.11), Pinki (P.W.12), Sandeep (P.W.2), Fatiya (P.W.1), Radha, Thumkibai, Jadia (P.W.5) and Velja u/s. 161 of the Cr.P.C. The autopsy was conducted by Dr. K.K. Neema (P.W.14), Block Medical Officer of Community Health Center, Bhagwanpur and according to him the deceased died due to Coma because of the injury in her brain. Dr. Neema has given the postmortem report vide Exh. P/19. Upon completion of the investigation, charge-sheet was filed before the Judicial Magistrate, First Class, who committed the trial to the Sessions Judge as the charge u/s. 302 of the IPC was framed against the appellant.

In order to prove the charge, the prosecution has examined 14 witnesses as P.W.1 to P.W.14 and got exhibited 18 documents as Exh. P/1 to P/18. In defence, the appellant did not examine any witness but pleaded false implication and at his instance, Sandeep was marked as defence witness (D.W.1).

After evaluating the evidence came on record, learned Addl. Sessions Judge has convicted him u/s. 302 of the IPC and sentenced him, as stated above, hence the present appeal before this Court.

We have heard the learned counsel for the parties and perused the record.

3. The prosecution has examined Dr. K.K. Neema as P.W.14 who was posted as Block Medica