(1.) This judgment shall govern the disposal of both the above appeals. Both of the above State appeals have been directed against the judgment dated 14/12/1993 passed by Additional Sessions Judge, Panna in Sessions Trial No.86/1991 acquitting the respondent/accused of the charge under sections 302 and 201 IPC for committing murder of his wife Sushma (since deceased) and for destroying evidence thereof.
(2.) Facts of the case, in short, are that on 26/09/1989 in Bhairavdev ghati of District Panna Mohd. Naeemuddin, a Truck Driver (PW-31) saw Abhinav, aged 5 years (PW-28) crying and wandering on the road in naked condition. PW-31 brought the boy PW-28 to the hut of Naga Baba (PW-7). PW-28 was then taken to police station Mandla, District-Panna. On 26/09/1989 about 6.00 pm dead body of deceased Sushma alongwith dead body of her another son aged 2 years viz. Shashank was also found lying at some distance from the road side in the forest. Dead bodies were in decomposed condition.
(3.) According to prosecution, deceased was living as second wife of respondent/accused, a Chartered Accountant, along with her two sons i.e. Shashank, aged 2 years (since deceased) and Abhinav, aged 5 years (PW-28) in a rented house of Neeraj Kohli (PW-22) situated in Sarojini Nagar, Kanpur. PW-28 was studying in Bona-Bista School, Kanpur. After about 6 years of their married life, deceased agreed to live, separate along with two children, in a rented house and respondent, as usual, started living with his parents, first wife and other family members in different locality in Kanpur. Respondent with the help of absconding co-accused arranged a trip with the deceased and children to Khajuraho. With a view to execute the plan, they took the deceased and children in a truck towards from Khajuraho to Bhairavdev ghati and committed murder of the deceased by strangulation with the help of a rope and also killed Shashank. He also tried to kill Abhinav (PW-28) and thereafter carried all of them to forest in lonely place. For disposal of their bodies, he poured acid on them. Fortunately, PW-28 survived and next day morning came on the road and was found by PW-31. Police Mandla District- Panna on 28/09/1989 sent dead body of deceased as an unknown lady to District Hospital Panna. Dr. O.P. More (PW- 1)conducted postmortem of the body and prepared postmortem report Ex.P-1. Dead body was in the advance stage of decomposition. Age of the deceased was found to be about 30 years, her viscera was preserved. However, no definite opinion about cause of death was given.