SEETARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant stands convicted by the trial Court under Sections 302 and 201 of the Indian Penal Code (for short 'the IPC) for committing murder of the deceased Ramlal & Kasai Parhin @ Tijo Bai (henceforth Tijo Bai') and has been sentenced separately on both counts.

(2.) The incident giving rise to the present offence allegedly took place between 8.00 pm of 29-6-1992 to 11.00 am of 1-7-1992 at village Maheshpur, Police Station Jai Nagar, District Sarguja. Merg intimation (Ex.P/4) was lodged by the appellant at 5.00 pm on 1-7-1992 informing the police that one Ramprasad Bargah informed him that his maternal uncle and aunt have been found dead in a well and their dead bodies are floating. The appellant went to the place to verify the information and thereafter went to the Kotwar and lodged the merg intimation.

(3.) Dehati Nalishi (Ex.P/5-A) was recorded at 5.30 pm on 2-7-1992 by the Assistant Sub Inspector of Police Station Jai Nagar. It was stated in the dehati nalishi that the dead body of Ramlal was found to have sustained injuries near right eye whereas Tijo Bai had sustained two injuries near right eye and a cut on right ear by sharp cutting weapon. It was also mentioned that some information about the incident written over one markin cloth was found nailed on the wall of the house of the deceased. Based on the dehati nalishi, First Information Report (for short 'FIR') vide Ex.P/5 was registered at 14.25 hours on 3-7-1992 against the unknown persons.