MALTI Vs. STATE OF MP

JUDGEMENT

(1.) The appellants have preferred this appeal under section 374 (2) of the Code of Criminal Procedure, aggrieved by the judgment of conviction and sentence dated 20/5/1999 passed by Fourth Additional Sessions Judge, Gwalior, in sessions trial No. 89/96, whereby held the appellants guilty for the offence punishable under sections 302 and 201 of Indian Penal Code and sentenced each of them to imprisonment for life with a fine of Rs. 1000.00 and imprisonment for one year RI with fine of Rs. 1,000.00 respectively. In default of payment of fine, further ordered to suffer imprisonment for one year and three months respectively. Both the sentences are directed to run concurrently.

(2.) Briefly stated the facts of the case are, on 26.12.1995 one Barjor Singh R/o Gudi Guda Ka Naka, Gwalior came to the Police Station Kampoo and informed about some dead body lying beneath the floor of the room which was rented to accused Badri Prasad. Because the house was situated under the territorial jurisdiction of Police Station Madhoganj, therefore, the office in-charge of Police Station Kampoo informed Police Station Madhoganj with regard to the aforesaid information, then Police Station Madhoganj, recorded the information in the daily diary at serial No. 1266 and thereafter Arvind Khare, Town Inspector of Police Station Madhoganj with police force reached on the spot. On 27/12/1995 the concerning police officer broke the lock of the room concerned and found the floor recently plastered with soil. On digging the floor of the room concerned, a dead body was found lying there, that had been identified as the dead body of one Kallu S/o Intazar Khan. The indentification memo of the dead body of the deceased was prepared as Ex. P/5; the inquest panchnama was also prepared and the dead body was sent for post-mortem examination. During investigation it is found that deceased Kallu used to go to the house of accused Maltibai and it is also found that in the intervening night of 23rd and 24th of December, 1995 both the accused Maltibai and Badri Prasad offered liquor to drink to deceased Kallu and thereafter caused his death by throttling and thereafter buried the dead body of deceased Kallu in a pit beneath the floor and thereafter plastered the floor by means of soil. On the basis of the aforesaid primary enquiry a report (Ex. P/29) under sections 302 and 201 of IPC had been registered against the accused persons. Both the accused persons had been arrested and on their information the bloodstained clothes and other articles had been seized and after due investigation the charge sheet had been filed against the appellants/accused.

(3.) It is submitted on behalf of the appellants that the prosecution case fully rests upon the circumstantial evidence; no direct eyewitness account is available against any of the accused. Similarly, the material witness Barjor Singh (Pw1) and Geetabai (PW 2) turned hostile and had not supported the prosecution story with regard to the involvement of these two accused persons in this incident. The chain of circumstances is also not so conclusive on which basis the guilt of the accused persons can be found proved and thus the learned trial Court has wrongly held both the appellants guilty for the aforesaid offence. Hence, prayed for setting aside of the impugned judgment of conviction and sentence passed by the trial Court.