NEMLAL MOTILAL MEHRA Vs. STATE OF M.P

JUDGEMENT

(1.) APPELLANT preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 09/05/2002 passed by Additional Sessions Judge, Umaria District Umaria in Sessions Trial No.270/2001, whereby the appellant has been convicted and sentenced as under with the direction to run both the jail sentences concurrently: -

(2.) IT is not in dispute that Nankuni Bai (deceased) is the wife of accused Nemlal. His first wife had died and from her, he has a son whose name is Basant Kumar. Accused Nemlal, witnesses Shyamlal, Darachandra and Ramraj are real brothers. They do their agricultural activities separately. They live in one house but in different rooms. It is also not disputed that on the date of incident, accused Nemlal, Mitahilal, Shyamlal, Darachandra and Ramraj went to plough their fields.

(3.) BRIEF facts of the case are that the first wife of accused Nemlal died before 15 years. Her son Basant Kumar had been living with him and his second wife Nankuni Bai (deceased). There were some controversies between accused Nemlal and deceased Nankuni Bai relating to Basant Kumar. Due to such controversies, on 30/06/2001, when the deceased was all alone in her home at Manikpur, accused Nemlal hit a stone piece (iRFkj dh fly) on her thigh and broke down her femur bone. For concealing the evidence of such offence, the accused Nemlal strangulated her and warped the dead body with bedding, poured the kerosene oil over it and set it ablaze in his room. By locking the doors of the room from inside, the accused had pretended that Nankuni Bai (deceased) had committed suicide. Witnesses Dhanesh and Manilal saw some smoke from the house of Nemlal. Dhanesh went to field to inform the incident to appellant Nemlal. After breaking the door of the room, the dead body of Nankuni was found in a burnt condition. Thereafter Ramraj (PW -6) gave information of the incident to the Police Station, Umaria upon which a Marg Intimation (Ex.P/14A) was registered by O.D.Tandiya, ASI Umaria.