MANGAL SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) APPELLANT Mangal Singh stands convicted under Sections 302 and 201, IPC and sentenced to undergo Rigorous Imprisonment for life & fine of Rs. 500/- and Rigorous Imprisonment for 1 year and fine of Rs. 250/- with default sentences by the Additional Sessions Judge, Sakti, District Bilaspur in Sessions Trial No. 463/96 on 25-7-1997.

(2.) THE deceased namely Jyoti Bai was the wife of the appellant. Both were workers in Saroja Circus which was camping in Village Birra near Jaijaipur Police Station. On 4-10-96, at about 12 in the Noon, some quarrel took place between the appellant and the deceased on account of bath of their child, on which, the deceased left the camp and went somewhere. When she was searched by the appellant along with one Teras, they found that she was sitting near a well. On the next day, the dead body of the deceased was found in the well.

(3.) IN further investigation after taking the accused/appellant into custody, his memorandum (Exh. P-1) under Section 27 of the Evidence Act was recorded on 17-10-96 leading to discovery of the slippers of the deceased; in pursuance of which, a pair of old slippers were seized at the instance of the appellant from a paddy field near the well under Exh. P-2. Site plan was prepared under Exh. P-11, viscera preserved for further examination was seized under Exh. P-16. The seized articles, including viscera, were sent for their chemical examination to Forensic Science Laboratory, Sagar (M.P.) under Exh. P-17, but examination report of the viscera could not be obtained on account of huge pendency of viscera cases in the F.S.L., Sagar, which was informed to the concerned Police Authority under Exh. P-23. Based on the investigation of merg, a First INformation Report (Exh. P-21) was registered against the appellant.