LAWS(MPH)-2000-4-10

RAM GOPAL Vs. STATE OF M P

Decided On April 10, 2000
RAM GOPAL Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) APPELLANT Ram Gopal has been convicted under Section 201 I. P. C. and sentenced to rigorous imprisonment for seven years and to a fine of Rs. 5000/ -.

(2.) THE prosecution case was that accused Ram Gopal had married Sushilabai in Natra form and was living with her in Anupnagar in a hut. On 21-3-1997 at about 11 A. M. there was quarrel between the two. The accused caused injuries on the head of his wife with a stone resulting in her death. He buried the dead body of his wife in the nearby forest. He made an extra judicial confession to Radheshyam (P. W. 1) who took him to the Police Station. Radheshyam (P. W. 1) lodged the report Ex. P-1. The accused gave the information under Section 27 of the Evidence Act that he has buried the dead body of his wife in the forest and he would point out the place where it was buried. That information was recorded by C. L. Chouhan (P. W. 6) Station Officer of the Rehati Police Station. The accused took him to the forest and pointed out the place where the dead body was hidden. It was recovered at the instance of the accused. It was sent for post-mortem examination. According to the opinion of the autopsy surgeon, the death of Sushilabai was homicidal on account of the head injury sustained by her.

(3.) THE accused pleaded not guilty. His defence was that he found his wife missing from his house and he went to the Police Station to lodge the report but it was not recorded.