GANPAT SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises from a judgment of a Division Bench of the Madhya Pradesh High Court in its bench at Indore, rendered on 22 March 2007. The High Court affirmed the conviction of the Appellant under Sec. 302 of the Indian Penal Code ("IPC").

(2.) Shantabai was a widow. Her husband Mangilal had died about a decade earlier. She resided together with her son Rakesh, who was a minor. The prosecution alleges that the Appellant would visit her frequently.

(3.) The case of the prosecution is that on 8 July 1996, the police station at Doraha received information of a dead body being found in a dry well. A 'missing report' had been lodged by Rakesh. Rakesh had alleged that the Appellant used to frequently visit the house where Shantabai resided and had started to live there. Rakesh informed the police that a few days earlier, the Appellant had come to the house and had left the next morning with his mother for Sihore soon thereafter. On the next day, when the Appellant returned alone, Rakesh enquired of the whereabouts of his mother. The Appellant allegedly informed him that she had stayed back at the home of Rakesh's maternal aunt. A First Information Report was registered. A post-mortem was conducted on the body which had been recovered from the dry well, which was identified to be that of Shantabai. The body was decomposed and there was a piece of cloth loosely tied around the neck. The period of death was estimated to be between two to four weeks prior to the recovery of the dead body. The Appellant is stated to have absconded immediately after the incident. He was arrested on 12 Dec. 1997. The appellant was tried on the charge of murder.