BHAGWANLAL Vs. STATE OF MP

JUDGEMENT

(1.) The Appellant has filed this appeal against the judgment and order of conviction and sentence passed by the learned I Ind Additional Sessions Judge, Mandsaur in Sessions Trial No. 115/2000 by which the Appellant stands convicted under Section 302 & 201 of the IPC and sentenced to undergo life imprisonment with fine of Rs. 500/- with defaulting clause of imprisonment of six months RI and three years RI respectively

(2.) According to the prosecution case, Pooralal (PW/5), Choukidar of village Dhandi, police station Suwasara had given information to concerned police station on 18.04.2000 in the morning at 06.00 A.M that he was informed by his brother in the night that wife of the Appellant had died and Appellant alone took her dead body to the cremation ground and cremated. On the basis of this report, Marg report 7/2000 (Ex.P/3) was recorded. The Station House Officer of the police station Shri Anand Kumar Yadav (PW/8) had gone to the village and after recording the statements of the witnesses prepared Dehati Nalisi Ex.P/13 as well as spot map Ex.P/14. Appellant was arrested and in presence of the witnesses interrogated by Shri Yadav. Appellant gave statement for recovery of axe and the same was recovered at his instance through seizure memo Ex.P/7. Ex.P/5 is his memorandum of statement. Appellant made extra judicial confession before Gamersingh (PW/1) and Bapulal (PW/2) saw the Appellant while beating his wife in the evening preceding the evening of lodging of Dehati Nalisi. The Station House Officer has also seized the ash and bones through memorandum of statement Ex.P/6 and seizure memo Ex.P/9. From inside the house blood stained and controlled earth were also seized. Blood stained shirt of the Appellant was also seized by the investigating officer. Exs.P/15 and P/16 are the photographs of the house of the Appellant and cremation ground of the village. All seized articles were sent to the Forensic Science Laboratory and its report is Ex.P/17. On due investigation, Appellant was charge sheeted for commission of offence under Sections 302 & 201 of the IPC.

(3.) Appellant refuted the charges and pleaded innocence. He examined Ramesh (DW/1), his brother, in his defence. According to Ramesh, he was informed by the villager when he reached in the village that wife of the Appellant had committed suicide by consuming poisonous substance (Choohe Ki Dawa) and the cremation was performed by the villageRs. Learned trial Court found the prosecution case proved against the Appellant; convicted and sentenced him as indicated herein above.