BHOKLO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 17-09-1996 passed by Additional Sessions Judge, Janjgir (Bilaspur) in Sessions Trial No. 347/1994 convicting the accused/appellant and absconding accused Fekuram for the offence punishable under Sections 302/34 and 450, IPC and sentencing both of them to undergo imprisonment for life u/S. 302/34 and R.I. for seven years u/S. 450, IPC.

(2.) In this case there are two deceased persons namely Nepal Chand and his wife Maina Bai. According to the case of the prosecution, in the intervening night of 17/18-08-1984 both these persons were murdered. On 18-08-1994 at about 8.10 a.m. FIR Ex. P-1 was lodged by Jagannath Prasad Sahu (PW-1) and at about 8.20 a.m. and 8.25 a.m. merg intimations Exs. P-2 & P-3 respectively were also recorded at his instance. Jagnnath Prasad Sahu had informed the police that his neighbours. Nepal Chand and Maina Bai were murdered by someone with the help of sharp edged weapon. In the FIR it is alleged that Nepal Chand was a retired Malaria Inspector who was residing with his wife in the neighbourhood. On that day at about 5 a.m. Jagannathnin (PW-2) who used to supply water in the house of Nepal Chand had come to his house and informed that though the door of Nepal Chand was open yet nobody came out from there even after being called out by her. Thereafter, he along with Jagannathnin (PW-2) went to the house of Nepal Chand and found that the door was simply closed but not bolted. Allegedly, when he entered the kitchen of Nepal Chand after pushing open the door, he found the dead body of Maina Bai lying there with number of injuries on it and her face covered with cloth and blood was also there nearby. It is also alleged that door of the room of Nepal Chand was bolted from outside and when they both entered therein, dead body of Nepal Chand was also found there with his face covered with cloth and injury was caused on the neck and blood was lying on the floor. It is also alleged that on the previous night at about 7 a.m. He had seen Nepal Chand and Maina Bai in their house and some unknown person had committed their murder with sharp edged weapon. It is alleged that Nepal Chand and Maina Bai were not having enmity with anyone in the village and that after the incident it was narrated by him to village Kotwar. Up- Sarpanch and other villagers. Based on this FIR, offence under Section 302, IPC was registered against unknown persons. Post-mortem on the dead body of Nepal Chand was conducted vide Ex. P-16 and that of Maina Bai vide Ex. P. 18, by Dr. D.C. Choudhary (PW-4) and according to him cause of death was shock due to excessive bleeding. Further case of the prosecution is that during investigation memorandum of the present appellant vide Ex. P-7 was recorded on 21-08-1994 at 8.15 p.m. In which he has stated that he along with co-accused Fekuram had entered the house of Nepal Chand for commission of theft and there they first committed the murder of Nepal Chand and Maina Bai and then committed theft of various ornaments, Saris, Radio, Torch, Plates (three in number), one urn and cash of L 250. Based on this memorandum, vide Ex. P-13 three saris and one steel knife were seized on 22-08-1994 from the pond, commonly known as Parri-pond. It is alleged that one vest (Banyan), one big and one small plate, one brass plate, one radio and one Lungi were seized under Ex. P-14. Memorandum of co-accused Fekuram was recorded on 21-08-1994 at 8 p.m. Vide Ex. P-8 and based on that, seizure of certain ornaments wrapped in a polythene bag buried in a pit was made vide Exs. P-11 and P- 12. Vide Ex. P-22 the articles so seized were identified by Jagannath Prasad Sahu (PW-2) to be of deceased Nepal Chand and Maina Bai vide Exs. P-13 & P-14. Though as per the case of the prosecution in the seized steel knife blood like stains were noticed, there is no FSL report on record. After completion of Investigation charge-sheet was filed on 22-09-1994 under Sections 302 and 460, IPC against the present appellant and co-accused Fekuram.

(3.) In support of its case the prosecution has examined 09 witnesses. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.