RAMESH Vs. STATE OF M P

JUDGEMENT

(1.) Both these appeals have been preferred by the appellants being aggrieved by the judgment dated 11.05.2001 passed by the Court of Shri V.P.S.Chouhan, A.S.J., Narsinghgarh, Dist. Rajgarh (Biora) in S.T. No. 123/99 by which the appellants Phool Kuwarbai and Ramesh have been convicted under S. 302 of the I.P.C. and sentenced to life imprisonment along with fine of Rs.2000/- and under S. 201 of the I.P.C. with R.I. for 3 years and fine of Rs.500/- each.

(2.) According to prosecution case Gowardhan informed at Police Station Kurawar on 3.9.99 that his Jamai Ajabsingh is missing since previous evening and on search he was not found. Hence he went to village Jhadkiya for search. His sister Phool Kuwarbai informed him that shoes of Ajabsingh are kept near well of Kamalsingh Teli. She informed that her husband Ajabsingh after eating food came out at about 1.00 p.m. and has not returned home. Thereafter Gowardhan went with Bapusingh to the well and in the torch light he saw dead body of Ajabsingh was floating in the well. Due to night they could not go to the police station. Hence on 3.9.99 he informed at police station on the basis of which Merg No. 32/99 was registered. During investigation it was found that the place of incident was house of Phool Kuwarbai where blood stains were found on the wall and in the earth and to hide them, relevant portion was painted by cow dung. His beddings -pilow, mat, matress were also stained with blood. The dead body of Ajabsingh was recovered from the well. It was having an incised wound from right side of the neck to mouth. It was found that deceased was murdered in the house and thereafter his body was thrown into the well to destroy the evidence of murder. Hence FIR was registered against the unknown persons at Crime No. 143/99. During investigation it was found that Ajabsingh was the husband of Phool Kuwarbai and co-accused Ramesh was her paramour. Both murdered Ajabsingh and to destroy the evidence, threw his dead body into the well and put his shoes near the well to show his drowning in the well. On the informtion of Ramesh, the used axe was recovered which was sent to FSL with other articles of beddings. They were found containing human blood. After investigation challan was filed. After trial the appellants were convicted and sentenced as mentioned above.

(3.) It has been argued by the appellants' counsel that they have been falsely implicated in the case. There was no evidence of murder to connect the appellants with the crime. The statements of witnesses were recorded with delay which was not explained. The statement of Lokendra PW.5 son of deceased, was not reliable because it was against his police statement recorded under S. 161 of the Cr.P.C. and his age was only 10 years at the time of incident. This was the case of drowning into the well and the case against appellants was not proved on the basis of evidence produced before the trial court. Hence appeal be allowed.