DHANIRAM Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT dhaniram stands convicted u/s 302ipc for commission of murder of deceased Nanku patel and sentenced to undergo imprisonment for life by the Sixth Additional Sessions Judge, bilaspur in Sessions Trial No. 120/96 on 30th September, 1996.

(2.) APPELLANT Dhaniram used to quarrel with his wife, Tijiya Bai, on account of her alleged illicit relations with deceased Nanku patel. The allegations are that on 27. 12. 95, when the deceased had gone for defecation in the fields, the appellant also went towards the fields, with a Tabbal in his hands, and murdered the deceased by causing multiple incised wounds. After commission of murder, he kept the Tabbal in the paddy-straw behind his house and went to the police station and lodged the First Information Report (Ex.-P/13 ). The further case of the prosecution is that while the appellant was going to the police station, he met with his son Saniram (PW-5) and made extra-judicial confession to him.

(3.) AFTER receiving such information, the investigating Officer reached to the scene of occurrence, prepared inquest (Ex.-P/7) on the body of the deceased Nanku Patel and sent the dead body for its post-mortem. The post-mortem examination was conducted by dr. G. Venkatesh (PW-3), who prepared his report Ex.-P/9, The Autopsy Surgeon found as many as 9 incised wounds on various parts of the body of the deceased. On internal examination, he found that all the chambers of heart were empty and blood vessels of right side of the neck were cut. He opined that the cause of death was injuries to skull bone, neck, back and shock and haemorrhage. In further investigation, after taking the appellant into custody his memorandum (Ex.-P/l) u/s 27 of the Evidence Act was recorded and a Tabbal was seized at his instance under Ex.-P/2. One Dhoti of the appellant was also seized under Ex.-P/5. Blood-stained soil, plain soil, Loongi and one brass-bucket were seized from the place of occurrence under Ex.-P/4. Tabbal was sent for its examination to the concerned Doctor and a report Ex.-P/10-A was obtained. The seized articles were sent for their chemical examination to Forensic Science Laboratory, sagar, from where, a report Ex.-P/17 was obtained. According to the F. S. L. report, blood stains were found on various articles including Tabbal and Dhoti. The said articles were sent for determination of origin and group test of the blood to Calcutta but the report could not be produced.