PUNIT RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an appeal by special leave from a judgment of the Madhya Pradesh High Court upholding the conviction of the appellant under Section 302 of the Indian" Penal Code and also confirming the sentence of death which had been imposed on him.

(2.) MST . Khojibai was an old woman who used to live alone in village Nagari, within the jurisdiction of police station Sihawa, , in the neighbourhood of the appellant's house. She was apparently fond of wearing ornaments most of the time. On December 20, 1966 her house was found locked from outside. As she was not traceable Mansa Ram Saha P. W. 1 lodged a report, Exh. p -1 with the Sarpanch of the Gram Panchayat that her house was locked and she had not been seen anywhere. Mst. Urmilla P. W. 2. another neighbour of Mst. Khojibai, made a similar report Exh. P -2. The son of Mst. Khojibai lived in another village at a distance of 15/20 miles. The Sarpanch forwarded the reports made to him to the police station Sihawa. On morning of December 21, 1966 B.N. Tiwari Station House Officer is stated to have received information that P.W. 8 Mst. Shymabai the wife of the appellant had been telling P. W. 7 Bihar Ram that the appellant had brought four bags of paddy to his house but had not told her from where he had procured them. The Sub -Inspector sent for the appellant and interrogated him about Mst. Khojibai in the presence of various witnesses. The appellant gave information to him about the ornaments of the deceased and the bags of paddy and further stated that he had concealed the same in his house and would get them recovered. He further told the police that he had concealed the dead body of Mst. Khojibai in her house and that after locking the house he had concealed the keys of the outer door under a pile of fuel -wood.

(3.) THE case for the prosecution is based entirely on circumstantial evidence. The High Court was of the opinion that all the facts and circumstances which have been stated were sufficient to sustain the conviction of the appellant. Mr. R.L. Kohli who has appeared as Amicus Curiae for the appellant has laid a great deal of emphasis on the first information report which was recorded at the instance of Dhuluram the son of the deceased on December 21, 1966 at 14.00 hrs. It is stated therein that Bharat Sahu of Nagari informed him that his mother's house was locked. When Dhulu Ram came he opened the lock of the door and noticed that his mother was lying facing downward in the 'goda' inside the room. It was further stated by him as follows :