This is an appeal filed under Section 374 (2) of the Code of

Criminal Procedure, 1973 (In short “Cr.P.C) against the judgment dated

2

28/02/2015 passed in Sessions Trial No.58/2011 whereby the appellant

has been convicted under Section 302 of Indian Penal Code and directed

to undergo sentence of life imprisonment with fine of Rs.2000/-, with

default stipulation.

FACTUAL BACKGROUND :-

2.

The story of prosecution is that on 17/05/2011 at around 6 p.m., in

village Gahal Khedi road, the appellant assaulted deceased Sewantibai by

means of a knife thereby causing multiple injuries because of which she

died on the same day.

3.

As per the said story, on 17/05/2011, the deceased Sewantibai with

her sister-in-law Sewantibai went to Khedi road which was outside the

village Gahal Khedi for attending the natural call. Both of them were

sitting together for the said purpose by maintaining some distance. In the

meantime, the appellant Deepak Beldar came there and caught hand of

deceased Sewantibai with oblique motive and tried to take her to nearby

agricultural field. In order to save her, complainant Sewantibai shouted

and tried to save her. The appellant caused 2-3 knife injuries on the chest

of deceased Sewantibai. Out of fear, complainant Sewantibai came

running to her house shouting about the incident. The complainant

narrated the entire incident to her husband Poonam and brother-in-law

Bhagwandas and Ram. The said persons reached to the place of incident

and brought Sewantibai to the residence. At that point of time, Sewantibai

was unconscious and was profusely bleeding. She was taken to Harda

hospital by calling a Jeep from Dagawashankar. In the hospital, deceased

Sewantibai was declared as dead. Consequently, in Police Station

Rahatgaon, Crime No.105/2011 under Section 302 r/w 354 of IPC was

3

registered. During investigation, the statement of witnesses were recorded

and certain materials were seized. The appellant was arrested. The challan

was filed in the Court of Judicial Magistrate First Class, Harda which on

committal came for trial before the Sessions Court.

4.

The appellant abjured the guilt and prayed for trial. His statement

was recorded. On behalf of prosecution, statements of Mangilal (PW-1),

Bhagwan Singh (PW-2), Smt. Laxmi Bai (PW-4), Pinaki More (PW-5),

Ramu (PW-6), Shankarlal (PW-7), Gopal (PW-8), Smt. Sewantibai (PW-

9), Poonam (PW-10), Vinod Kumar Ikka (PW-11), Dr. Bharat Katker

(PW-12), Lalsingh Patel (PW-13), Ajay Tiwari (PW-14), Dr. Rajesh

Mithoriya (PW-15), A.L. Chowkikar (PW-16), R.D. Berman (PW-17) and

Rakesh Kumar Gaur (PW-18) were recorded. In turn, appellant in his

defence statement recorded under Section 313 of Cr.P.C. denied the

allegations and projected himself to be an innocent person. However, no

defence witness was produced by him.

5.

The trial Court framed three questions and decided the same by the

impugned judgment dated 28/02/2015.

SUBMISSIONS :-

6.

Shri K.S.Rajput, learned counsel for the appellant submits that it is

a case of honour killing. The appellant had love affair with the deceased.

A day before the death of deceased, she was married against her wish

with Roshan. The appellant and deceased decided to leave the village

together and live separately. The family members of the deceased came to

know about this plan and, therefore, decided to murder the deceased. The

appellant has been falsely arraigned in the matter by the family members

of deceased.

4

7.

To bolster the said submission, learned counsel for the appellant

submits that sole eye witness is Sewantibai (PW-9). Her statement shows

that from the place where she went with deceased Sewantibai to attend

the call of nature, only one pot was recovered. She in her dehati nalisi

(Ex.P/2) and in her Court’s statement stated that appellant caused three

injuries on the chest of the deceased by means of a knife. However, post-

mortem report shows that nine injuries were found on the person of the

deceased. Thus, statement of this star witness Sewantibai is untrustworthy

and whol