IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE SHRI JUSTICE SUJOY PAUL &

SHRI JUSTICE PRAKASH CHANDRA GUPTA CRIMINAL APPEAL No.1079 OF 2015 BETWEEN :-

DEEPAK BELDAR S/O BHAGWAN DAS, AGED ABOUT 24 YEARS, R/O VILLAGE GAHLA, DISTRICT HARDA (MP)

.…APPELLANT (BY SHRI K.S.RAJPUT, ADVOCATE)

AND STATE OF MADHYA PRADESH, THROUGH POLICE STATION RAHATGAON, DISTRICT HARDA (MP)

….RESPONDENT (BY SHRI A.S. BAGHEL, DEPUTY GOVERNMENT ADVOCATE)

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Reserved on : 30/6/2022 Delivered on : 04/7/2022 -------------------------------------------------------------------------------------------------------

This criminal appeal coming on for hearing this day, Justice Sujoy Paul, passed the following :

J U D G M E N T

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

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 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 villag