STATE OF M.P. Vs. DHANNO

JUDGEMENT

(1.) STATE has filed this appeal against acquittal in S.T. No. 134/87 against the judgment dated 14.9.88 passed by II ASJ, Shivpuri after obtaining leave. All the respondents were prosecuted under section 302 of the Indian Penal Code (Code" for short) for committing murder of Dulari (hereinafter referred to as deceased) wife of Ramkishan.

(2.) SUCCINCTLY stated, prosecution story is that Ramkishan, husband of deceased used to work as a labourer in the field of Kamal Singh. On 7.11.1987, when Ramkishan went on the field of Kamal Singh, he found that wife of respondent No.3 Raghuvir was cutting grass in the field of Kamal Singh. Ramkishan tried to stop her. She started abusing Ramkishan. At the same time respondents Kailash, Ramswaroop, Raghuvir and Dhanno reached on the millet field and started forcing Ramkishan. Ramkishan escaped in the field. Thereafter, all the respondents -accused persons came to the house of Ramkishan at village Rijauda at about 4.00 p.m. Ramswaroop, Kailash, Raghuveer were carrying lathis and Dhanno was carrying sickle. They started making enquiries about Ramkishan. Dulari, wife of Ramkishan stated that Ramkishan is not at home. Then all the accused persons carried away criminally (abducted) Dulari and threw her in the well of Kailash. Due to fear, Ramkishan ran away. He was escaping and running here and there. The members of the family of deceased Badani and Mangi started searching for Dulari and Ramkishan but even after 4 days they could not find them. Therefore at 8 -10 p.m. on 11.11.1987, Badami, the elder brother of Ramkishan lodged a report of abduction and missing at Police Station Pohari. On this report, Crime No. 88/87 under sections 342 and 366 of the Code was registered at Police Station Pohari.

(3.) DURING trial, prosecution examined as many as 22 witnesses in this case. PW 6 Phoolwati is the wife of PW 15 Badami who is the elder brother of Ramkishan. PW 7 Bisso is wife of Mangi who is the younger brother of Ramkishan, PW 9 Ramkishan is the husband of the deceased. PW 12 is Laxmanram, Head Constable. PW 14 Fayyaj Bahadur, PW 16 Dr. R.K. Jain, PW 17 Naktu, PW 18 Chhanchu and PW 22 Anil Kumar Singh Kushwaha, Sub Inspector have also been examined. From the evidence of aforesaid witnesses, it is clear that the deadbody of the deceased was recovered from a well. From the evidence of aforesaid witnesses it is also clear that the evidence of last seen against the respondents is available on record. As per medical evidence of PW 16 Dr. R.K. Jain, cause of death is Asphyxia of the body due to drowning. The duration of death was within 8 days of the Post Mortem examination. Mode of death was unknown. Doctor found the following condition of the deadbody :