STATE OF M P Vs. KAMAL

JUDGEMENT

(1.) This appeal against acquittal is by the State. Two respondents were sent up to face trial on the charges of murder of Ramubai, wife of accused No. 2-Sukhram. The charge against accused No. 1-Kamal was under Section 302 substantively as also under Section 3(2)(v) of the Prevention of Scheduled Caste and Scheduled Tribes Atrocity Act, 1988; the accused No. 2-Sukhram was charged under Section 302 read with Section 114 of the IPC. The Trial Court on considering the evidence led by the prosecution acquitted both the accused of all the charges giving them benefit of doubt. Aggrieved by that decision the State has come up in appeal.

(2.) It is no longer in dispute that the deceased-Ramubai aged about 25 years was the wife of accused No. 2-Sukhram; that Sukhram and his wife were tribal (Bhils) of Dhar District in M.P., that Ramubai died a homicidal death on 11-12-2001 in a forest near Village Moregoan of Dhar District. This came within the jurisdiction of Police Station, Amzera with a Police Outpost at Dasai. Autopsy report, dated 12-12-2001 is Exh. P-8 by Dr. K.C. Shukla, which shows that homicidal death was due to injury to the vital organ (brain) causing haemorrhage and shock; injury within 24 hours of the examination.

(3.) Prosecution case in brief was as under. On 11-12-2001 at about 3 p.m., the said Ramubai was collecting cow-dung cakes in the forest near the Village Moregoan. At that time, she was accompanied by her two sisters Sukmabai and Rukhabai and one Nanibai; Ramubai sat down to attend call of nature and the companions went a little ahead when both the accused came and at the instigation of accused Sukhram, accused Kamal gave blow with a spade on the head of Ramubai whereupon she fell down; and the accused persons ran away from the spot; the incident was witnessed by the said Sukmabai, Rukhabai and Nanibai. F.I.R. (Exh. P-5) was recorded at the said Police Outpost at 3 a.m. on 12-12-2001; this F.I.R. was recorded at the instance of Sukmabai; investigation followed and spot map was prepared etc. On this material the prosecution sought conviction of both the accused as mentioned above.