BHARAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant was convicted by Court of Session for an offence under S. 302, I.P.C. and sentenced to life imprisonment. He was also convicted for offence under S. 394, I.P.C. and sentenced four years rigorous imprisonment. Both the sentences were directed to run concurrently. The appeal of the appellant was dismissed by High Court by the impugned judgment. The appellant is in appeal, on grant of leave.

(2.) The conviction of the appellant is based on circumstantial evidence.

(3.) In brief, the case of the prosecution is that the appellant is a village artisan being a carpenter. Deceased Phullobai was a widow. She was a village nurse who used to attend to the health of women and help them during pregnancy. She was living with her son Paltoo (P.W. 8) and mother Jhuttobai (P.W. 15). According to Paltoo the appellant came to their house in the evening of 8th January, 1981 and said to deceased that his mother has developed some stomach pain and her services were required. On this representation the deceased went with the appellant to his village. At that time she was wearing silver ornaments, namely, Toda and Khagwari. Paltoo and Jhuttobai waited for the return of the deceased till the evening of the next day. When, she did not return Paltoo went to village Mijwani to the house of the appellant. There he could meet only the father of the appellant. On Paltoo making enquiries about his mother the father of the appellant was unable to give any information. Paltoo then went to village Vidisha and reported the fact of missing of his mother to his maternal uncle Halke (P.W. 7). Halke advised him to go to village Barkhera and make a search for her and also to report the matter to the village sarpanch and chowkidar of the village. Paltoo made a report of the incident to village chowkidar on whose advice he along with P.W. 7 lodged a report to the police, Vidisha on 12th January, 1981 under S.498, I.P.C. stating therein that on 8th January, 1981 the deceased had gone with the appellant for delivery and had not returned back till that date. The further case of the prosecution is that on 13th January, 1981, P.W. 7 made enquiries from the appellant about the whereabouts of the deceased. The appellant then confessed to him having killed her and thrown her in Ulati river. On that information P.W. 7 went to the river side and found that the dead body of Phullobai was lying by the side of the river partly covered by earth and a small portion of cloth was visible.