MOTILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has filed the present appeal being aggrieved by the judgment dtd. 27.04.2005 passed by Additional Sessions Judge, Khachrod, district Ujjain in Sessions Trial No. 364/03 whereby he has been convicted under sec. 302 IPC (on two counts) and sentenced to life imprisonment with fine of Rs. 1000-1000.00 respectively; in default of payment of fine further RI for 3 months. The sentences were also directed to run consecutively.

(2.) As per the prosecution story Mangilal Lodhi, PW/1 lodged an FIR on 07.10.2003 at 10.30 am disclosing that he resides near E.D. Colony, Durgapura and an agriculturist by profession, Motilal Chamar resides along with his wife in a house located in the same area. Today morning at 10.30 when he was in his house along with his wife Laxmibai, daughter Asha, daughter-in-law Kamlesh Kunwar w/o Praveen, they heard a sound "save, save" came from the house of Motilal side. He immediately rushed to his house and saw that Motilal was assaulting his wife Meena on her head, shoulder, back by means of a knife (Kattar) and after seeing him he rushed towards his house along with the same knife where his wife Laxmibai was washing clothes. Motilal asked Laxmibai about his son Praveen, she told him that at present he is in Indore, thereafter, Motilal gave two blows to Laxmibai by means of a knife and fled away from the spot. She was found dead on the spot due to the injuries sustained by her. The aforesaid incident was also witnessed by his daughter Asha, daughter-in-law Kamlesh Kunwar, Ramabai, Lalkunwar Thakur. Thereafter he went back to the house of the appellant and by that time Meenabai also succumbed to the injuries sustained by her. According to P.W.-1, Motilal had a suspicion about the illicit sexual relationship between his wife Meena and Praveen (son of the complainant) due to which he committed the murder. The FIR was registered at 10.50 A.M. against Motilal Chamar at Police Chowki and the investigation was set into motion. The B.S. Kadam ASI (P.W.-9) along with Station House Officer immediately reached the house of the appellant and started the investigation (hereinafter he shall be referred to as 'I.O.' in short). He prepared Naksha Panchayatnama Ex. P/2 and P/3. After preparation of Safina form Ex. P/4 and P/5 a common spot map was prepared vide Ex. P/9. The police recovered both the dead bodies of Meenabai and Laxmibai and sent them for postmortem vide Ex. P/12A and P/13A. The postmortem of both the dead bodies was carried out at 1.00 PM and as per the post-mortem report Ex. P/12 deceased Meena sustained as many as 8 stab injuries on various parts of her body and out of which injuries No. 6 and 7 were sufficient to cause death in the ordinary course. Likewise, deceased Laxmibai sustained 3 stab injuries as per postmortem report Ex. P/13 and injuries No. 1 and 2 were sufficient to cause death in the ordinary course.

(3.) Accordingly to the IO (P.W.-9) upon discreet information he found the appellant in the Durgapor colony and arrested him. after the arrest the police has arrested recorded his memorandum statement under sec. 27 of the Evidence Act vide Ex. P/6 in which he admitted about the murder of his wife Meena and Laxmibai, wife of Mangilal (P.W.-1) by means of the knife (katar) which he kept below the mattress in his house. In presence of two witnesses, the knife was recovered by the Investigation Officer. Apart from the knife, the police have also recovered blood-stained soil from the spot, clothes of the deceased, shirt of the appellant, bedsheet and sent them to the FSL vide Ex. P/23. As per the FSL report on articles B and D (knife), G/1, G/2 and G/3 (clothes of deceased Laxmibai) and H/4 (cloth of deceased Meenabai) bloodstains were found but either inclusive or disintegrated.