STATE OF M P Vs. SETAARAM

JUDGEMENT

(1.) THIS State Appeal under Section 378 (1) of the criminal Procedure Code is directed against the judgment dated 14th July 1987 delivered in Sessions Case No. 33 of 1987 by the sessions Judge, Raigarh whereby the respondent was acquitted of the charge under Section 302 of the I. P. C.

(2.) SHRI Parag Kotecha, learned counsel for the respondent did not dispute that Usha bai, the deceased who was the mother of the respondent and used to live with him in village Manikpur, Police Station Sariya, tahsil Sarangarh, District Raigarh had died a homicidal death. The slain body of Usha bai without her head was lying in the Purchi of the house of the respondent, as mentioned in spot map Ex. P12. Ganeshram PW1 is the brother of the respondent who had separated in residence from the respondent and the deceased. On 25. 12. 1986 Dr. J. N. Shukla had conducted the autopsy and found that the head matched perfectly on the body of usha Bai.

(3.) BRIEFLY stated the prosecution story is that the respondent was not in good terms with his mother Usha Bai. On 20. 10. 1986 the respondent had abused and assaulted her. On 25. 10 1986 Usha Bai had lodged a report Ex. P13 that the respondent was quarrelling and threatening her from entering the house. On 31. 10. 1986 Usha Bai had lodged another report Ex. P14 that the respondent frequently used to quarrel and would turn her out of the house and was capable of committing any serious offence with her. On such report, proceedings under Section 107 and 116 of the Code of criminal Procedure were initiated against the respondent vide Ex. P16. On 22. 12. 1986 sumitra PW3, daughter of the respondent saw Usha Bai, her grandmother go to the room of the respondent at night. Thereafter, Usha Bai did not return to her room. On 23. 12. 1986 she saw the respondent carrying the head of the deceased in a plastic bag. The respondent confessed to her that he had killed his mother Usha Bai. On the same day Court Moharrir Constable bhagirathi PW7 also saw the respondent entering and exiting the Court room time and again while carrying a bag in his hand. Noticing that the respondent was carrying the blood soaked head he informed Constable Prakashnath Tiwari PW8 who took the respondent to police station Sariya. Sub-Inspector Krishna Kumar Singh PW14 on receiving information registered merg intimation Ex. P17, took the plastic bag containing the head of the deceased and one knife from the respondent into his possession and thereafter went to village Chhote manikpur and saw the slained body of the deceased lying in the house of the respondent. The head of the deceased was missing. Seizure of the head carried by the respondent in the bag was not effected. On 24. 12. 1986 Sub-Inspector Krishna Kumar singh PW14 conducted Inquest Ex. P3. A dhoti and banian having blood like stains were seized from the respondent on 24. 12. 1986 vide Ex. P4. Blood-stained soil, plain soil, blood-stained ash, plain ash and one brass bucket and white khol having blood like stains was seized from the place of occurrence i. e. the house of the respondent vide Ex. P5. Offence under Section 302 of the I. P. C. was registered vide FIR. Ex. , p18a on 24. 12. 1986. Spot map was prepared by Giridhari Lal, Patwari PW12 vide Ex. P12. Dead body of Usha Bai, her head, plastic bag and Chhuri were sent for postmortem examination on 24. 12. 1986. Dr. J. N. Shukla, PW9 conducted the autopsy on 25. 12. 1986 at 8. 00 a. m. and found that the head matched with the body of the deceased. He found the following injuries: