STATE OF MADHYA PRADESH Vs. ASHARAM

JUDGEMENT

(1.) The following judgment of the Court was delivered by Malik, J. Respondent Asharam was prosecuted for the murder of his wife Mst. Inderka. He has been acquitted by the Sessions Court and the State has filed this appeal.

(2.) The prosecution story may be given in brief: On the early morning of 11th December, 1979, respondent Asharam went to the field of Balchand (P.W. 3) and told him that his wife was down with pneumonia and he should come to see her and give medicine. Balchand was a Vaidya and treated the villagers with herbs. It was 7 A.M. Balchand went to the house of the respondent and saw the lady lying on a cot, coloured with a quilt. He found her dead with some marks of injury on her face-some black spots on the right side of the face and around the right eye. He suspected that the lady had died due to violence. He did not express his suspicions to Asharam but just asked him to go to the Kotwar and tell him that his wife was dead.

(3.) At about 8 A.M., Asharam met Mi-th-than Kotwar (P.W. 1) and told him that his wife had died of pneumonia on the previous night. Mi-th-than was then going to the Sarpanch. He thought it was to see the deceased lady first. He, therefore, accompanied Asharam to his house. He lifted the quilt to uncover the face of the lady. He saw black marks on the face and suspected that the lady had not died of pneumonia but due to some violence. He came out of the house and went to inform the Mukaddam. Mukaddam was not available. Instead, his son Pirthiram (P.W. 2) was at home. Mi-ththan expressed his suspicions to him. Pirthiram then came to Asharams house and he also saw the dead body with marks of violence on the face. He asked the Kotwar to report the matter to the police.