BABUDAS Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence passed by the learned Sessions Judge, Balaghat in Sessions Trial No. 8/90 convicting the appellant/accused under Section 302 of the Indian Penal Code (in short 'the IPC) and sentencing him to suffer rigorous imprisonment of life, the accused/appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure.

(2.) THE case of the prosecution is that Gomadas (P. W. 5) is having two sons, namely, Suresh and Maheshlal. The names of the two daughters of Gomadas are Sulochana Bai and Durga Bai (hereinafter referred to as 'the deceased' ). The deceased Durga Bai was younger to Sulochana Bai. On 16-5-1989 the deceased was married to the accused/appellant. Only two days after the date of the marriage of the deceased, the marriage of Mahesh Lal, the younger son of Gomadas, took place with the sister of accused at Village Lohara. It is said that on 16-6-89 or near about by this date Suresh Lal who is the son of Gomadas along with four near relatives went to take the deceased to Village Lohara where they stayed for two days and brought the deceased back to their house at Rajnandgaon. Thereafter, on 10-9-1989 near about 9 in the morning, the accused brought back his wife (the deceased) under the pretext of some prayer of Navratri festival. It is said that 2-3 years prior to the date of the incident, Gannu (P. W. 11), was serving under accused Babudas and his elder brother Ananddas at their Village Lohara. On 20-9-1989 the accused took away his wife (the deceased) by saying that they were going to see a cinema at Gondia, from where on the next day, the accused alone came back and stated to his mother and brother Ananddas that when they were coming back after seeing the movie at Gondia, at the bus-stand the deceased said that she had to go to discharge the excreta and went for that purpose, but, she did not turn up. Therefore, accused/appellant along with his brother Ananddas and another went in search of the deceased to Rajnandgaon and Waraseoni. On 21-9-1989 Ananddas narrated the story putforth to him by the accused, to Gomadas and Suresh Lal at their house and inquired from them whether the deceased had arrived in their house. Ultimately on 22-9-1989 the accused/appellant lodged the report at Police Station, Gondia, which is Ex. P-1. This report was transmitted through wireless to all the police stations of District Bhandara.

(3.) IT is the further case of the prosecution that on coming to know the above story, Gomadas and his son Suresh Lal went to search the deceased via Village Lohara to Village Deori, Aamgaon and Gondia where they could not obtain any clue of the deceased, ultimately they on 24-9-1989 lodged a written report (Ex. P-10) in the Police Station, Gondia. The Sub-Inspector, K. K. Tiwari deputed A. P. Mudgal for the inquiry. Thereafter, when Gomadas and his son Suresh Lal came to know that Gannu, who was the servant of accused Babudas, was not turning up on his duties, they went to his Village Hardoli, where they could not find him. However, on the next day, i. e. , 25-9-1989 again they went to the place of Gannu and insisted on his coming to Police Station, Gondia and ultimately on this date (25-9-89) Gannu (P. W. 11) lodged the report in Marathi script, the Hindi translation of which is Ex. P-12 (A-A ).