[Criminal Appeal No.2260 of 2009]. This appeal by the sole accused is directed against the Single Bench decision of the High Court of Madhya Pradesh, Indore Bench dated 08.09.2006, passed in Criminal Appeal No.1030 of 2003. The appellant, who was initially charged under Section 306 and 376(2)(f) IPC, was convicted by the trial Court only for the offence under Section 376(1) IPC and was imposed with the punishment of 10 years rigorous imprisonment, along with the fine of Rs.500/- and in default of the payment of fine to undergo one more year's rigorous imprisonment. The brief facts which are required to be stated are that on 23.07.2002, PW-2 - the mother of the deceased, when she returned from her day's work in the field at 6 p.m., found her daughter, the deceased Radha Bai, who had returned back from the field at around 3 O'clock, inside the house with the door locked from inside. One Parmanand climbed the roof and found the deceased hanging from the roof with a Saree. The said Parmanand stated to have opened the door, cut the rope and brought the body down. PW-1 reported the matter to Aagar Police Station and thereafter, PW-9 went to the place of incident and prepared the sketch map Ext.P-8 and sent the dead body of the deceased for postmortem. He also stated to have recovered the Saree under seizure letterExt.P-10.
↧