BABLU ALIAS DAYARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Bablu alias Dayaram preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 20.5.2002 passed by Sessions Judge, Hoshangabad in Sessions Trial No.128/2001, whereby he had been convicted and sentenced with the direction to run both the sentences concurrently as under:-

(2.) IT is not in dispute that Sushma (deceased) was daughter of Ramprakash (PW.7) and Munnibai (PW.11). She was sister of Rajesh Kumar alias Pappu (PW.8) and Sadhnabai (PW.9) and was niece (Bhanji) of Narayan (PW.10). It is also not in dispute that she (deceased) was married with appellant Bablu alias Dayaram ten years ago prior to the incident in the Sammelan of Bareli Samaj. Appellant is son of co-accused Dullobai alias Dularibai and is brother of Rewaram alias Guddu, who have been acquitted by the trial Court. It is alleged that twelve months' ago prior to POLA, Kriparam (brother-in-law/Devar) of deceased had taken deceased to Amarwara. She lived there in her nuptial house (Maika) for about two months and thereafter Kriparam had taken her back to Babai.

(3.) ON the basis of Marg Intimation (Ex.P/1), the police party reached the spot and started the investigation. After due notice (Ex.P/4), witnesses were called and Inquest Panchnama was prepared in their presence. The dead body of Sushma was sent for postmortem wherein it was opined that she died as a result of asphyxia due to throttling or strangulation. A Gas Regulator and its nob were found to be off and no smell was found on the spot. The dead body with pieces of burnt blouse was found in a nude condition on a GODRI and its one corner was burnt. There were few stains of blood which came out from her mouth on the PATA kept under the head of the deceased. The clothes were found properly kept on the wall and everything was found intact in the room. One exit door of the room was found open. The Gadda, Rajai, Gas-stove, Pata, plain earth, bloodstained earth, pieces of blouse, burnt side of the Rajai, plastic chappal, kerosene stained earth and plain earth, one letter, matchbox, Chimni and plastic container of five litres were seized and seizure memo (Ex.P/10) was prepared. Spot map (Ex.P/11) was prepared. On the basis of memorandum (Ex.P/15) of accused Bablu alias Dayaram, electricity bill was also seized (Ex.P/16). Handwritten register (Ex.P/30) and mark-sheet of deceased were recovered from Rajesh (PW.8). Accused Bablu alias Dayaram was arrested on 3.2.2001 (Ex.P/22). Seized articles were sent to Forensic Science Laboratory, Sagar and on analysis, blood was found on PATA and earth seized from the spot. Bloodstains on PATA belonged to human blood. Seized letter and other handwritten scripts were sent to Handwriting Expert, Bhopal for investigation and its report was produced during the course of the trial.