MEENA BAI Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal from jail against the judgment dated 20.12.2001 passed by First Additional Sessions Judge, Jabalpur in Sessions Trial No. 712/99, convicting the appellant u/s 302 of IPC and sentencing her to rigorous imprisonment for life with fine of Rs. 100/-. In default of payment of fine, further rigorous imprisonment for 31/2 months. It is admitted fact of the case that appellant Meena Bai admitted her guilt in her examination u/s 313 Cr.P.C. before the trial Court.

(2.) In brief, the prosecution case is that appellant was married to Mulayam Singh Raghuvanshi, who had deserted her and she came to reside with her step grand-mother (maternal) Bhanganbai. Since before the incident Bhanganbai was residing with her son, daughter-in-law and their daughter Ragani aged about 2 years (since dead). On 18.9.1999 at about 7.30 a.m. Bhanganbai went to take water from out side the house, leaving her daughter-in-law Smt. Jogwati, who was suffering from serious illness T.B., Ku. Ragni and accused Meena Bai. Smt. Jogwati was sleeping in another room and accused Meena Bai and Ku. Ragni were lying in another room. At about 10.30 a.m. Bhangan Bai came back. She found accused Meena Bai and Ku. Ragni missing from room. She asked about them from Smt. Jogwati daughter-in-law. Smt. Jogwati answered that she had no knowledge about accused Meena bai and Ku. Ragni. Then Bhangan Bai and other members of the family made search of Ku. Ragni and accused Meena Bai in their locality but in vain. They were not traced. As there was raining Bhangan Bai got wet, so, in order to change her clothes she opened the box of clothes. In that box Ku. Ragni was found lying. She was taken to the clinic of Doctor Ghanshyam where she was found dead. The matter was reported to Police Station Gorakhpur, on which the police registered a marg intimation Ex. P/3 and inquest of the dead body was prepared vide Ex. P/4 and body was sent for post mortem. In postmortem, it was found that Ku. Ragani was done to death by strangulation. At that time the accused Meena Bai flew away. P.S. Gorakhpur registered Crime vide Ex. P/7. During investigation, the appellant was arrested and after investigation, charge sheet against her was filed in the Court. The case was then committed for trial, and Sessions Trial No. 712/99 was registered.

(3.) Learned Additional Sessions Judge framed the charge u/s 302 of IPC against the accused/appellant. She abjured her guilt and pleaded for trial. It is pertinent to note that when questions u/s 313 Cr.P.C. were asked by the trial Court from the accused Meena bai, after recording the evidence of prosecution witnesses on 5.12.2001, she not only admitted her guilt but stated that she was residing with Bhangan Bai for about six months. She also admitted that Ku. Ragni was strangulated by her with the help of a rope and her body was kept in box and she ran away towards Itarsi side. She confessed that Ragni's father Ajju and uncle were always teasing her that Mulayam Singh had kept her as wife. Mulayam committed murder of her four years' daughter Neeloo and also raped her. She further stated that Mulayam Singh did it on the instigation of Ragani's father and uncle. In order to take revenge, she strangulated Ragni with the help of a rope and her body was kept in box.