BHURI BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this appeal the appellant/accused has challenged her conviction under Section 201, Indian Penal Code, and sentence of seven years' rigorous imprisonment, passed on 2840 -1986 in Sessions Trial No. 109 of 1985, by Additional Sessions Judge, Ashoknagar, District Guna.

(2.) THE facts leading to this appeal are thus: The acquitted accused Kallu alias Kalyansingh, who was married to deceased Sulochana, had developed illicit relationship with the appellant: therefore, there were always bickerings and quarrels between Kallu and his wife, and this was the subject of village gossip; hence, Arjunsingh (P. W. 1), father of Kallu, asked Kallu to live separately. It is said by the prosecution that there were quarrels also between the deceased and the appellant. Therefore, to remove the obstacle in the way of illicit relationship between Kallu and the appellant, the two accused conspired to get rid of Sulochana from their way. Hence, in the intervening night of 19th and 20th April, 1985, Kallu and the appellant both committed the murder of Sulochana by strangulation; the body was brought about 3 furlongs away from the residence of the deceased, to a ditch of quarry behind 'Chamada Ghar, ' where the body was covered with stones and earth. On 22 -4 -1985 Kallu went to his father and told him that Sulochana was not found. On it, P. W. 1 Arjunsingh told him that she might have gone to her parents' house. On enquiry from the parents it was found that she did not reach there; a report (Ext. P/1) of 'Gumshudi' was lodged at P. S. Isagarh by P. W. 1, wherein P. W. 1 entertained his suspicion on the appellant. On 24 -4 -1985 the appellant was arrested vide arrest memo (Ext. P/2) in the presence of 'Panch' witnesses P. W. 2 Babulal and Harnam Singh (P. W. 6). After arrest at about 7. 15 a. m. , it is said, in the presence of P. W. 6 Harnam Singh and P. W. 10 Nagendrakumar, cousin brother of the deceased, the appellant gave information leading to discovery of the dead body of the deceased vide Ext. P/8 and at 8. 10 a.m. in the presence of P. W. 6 and P. W. 10 the naked body of the deceased was recovered from the said ditch by P. W. 13 M. A. Hasmi who also recovered clothes of the deceased lying near the dead body vide ExtP/6. After preparing spot map (Ext. P/10), P. W. 13 at about 11 a.m. lodged the first information report (Ext. P/19), thereon a case at Crime No. 78 of 1985 for offences under Sections 302/34 and 201, Indian Penal Code, was registered against the two accused. The dead body was sent for post mortem. P. W. 9 Dr. V. R. Ratnakar performed autopsy and gave his report (ExtJP/14), according to which the cause of death was asphyxia as a result of strangulation, death being homicidal in nature.

(3.) SHRI V. K. Saxena, Counsel for the appellant, and Shri C. S. Dixit, Deputy Government Advocate for the State, were heard. Record perused.