MOOL CHAND Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has preferred the present jail appeal against the judgment dated 30.9.2000 passed by the learned Sessions fudge, Mandla in S.T. No. 89/2000, whereby the appellant was convicted for offence punishable under Sections 302 and 201 of IPC and sentenced to life imprisonment and rigorous imprisonment for 5 years respectively. Both the sentences have to run concurrently. The prosecution's case, in short, is that, on 10.5.2000, the appellant was present in his house, situated at village Maharajpur (Police Station Maharajpur, District Mandla). His wife had already gone to her parents' house. The deceased Bhagwati Bai, daughter of the appellant, aged 17 years was also present in the house. Suddenly it as noticed by the neighbours that the deceased Bhagwati Bai had caught fire in her house and was shouting. The appellant took her daughter Bhagwati Bai out of the house. She was badly burnt and therefore, the appellant laid her down on a cot. Thereafter, the appellant went to inform the respected persons of the village. He informed Santadhar (P.W. 1), Ram Kumar (P.W.3), Bhangilal (P.W.4), Chandrabhan (P.W.5) and others about the incident and thereafter, all these witnesses went to the spot but, they did not find the deceased Bhagwati Bai on the cot. The deceased could not be traced in that night. On the next day, i.e. on 11.5.2000, the appellant went to the outpost Hradaynagar of Police Station Maharajpur and lodged a missing report, Ex. P/23. Thereafter, ASI Shri Dharamraj Singh (PW18) visited the spot and found that on the way. from the house of the appellant up to Gurarghat of river Narmada, semi -burnt clothes of the deceased, foot prints with stains of blood and burnt skin of heal were found. Therefore, Shri Dharamraj Singh arranged for divers to trace the dead body of the deceased. However, dead body of the deceased could be recovered on 12.5.2000 and, thereafter, it was sent for post -mortem. Dr. S.K. Nigam (P.W. 14) performed the post -mortem on the body of the deceased and gave his report, Ex. P/19. He found that the deceased sustained 100% burns but she died due to drowning. ASI Shri Dharamraj Singh had seized the semi -burnt clothes of the deceased, burnt skin of heal and portion of mud having blood stains on the way. The appellant was also sent for his medico legal examination. Dr. A.K. Shrivastava (P.W. 15) examined him and gave his report, Ex. P/20. He found some injuries to the appellant due to burning. Nails of the appellant were cut and such pieces were procured for forensic science analysis. All the seized articles were sent for forensic science analysis. After due investigation, a charge -sheet was filed before Chief Judicial Magistrate, Mandla, who committed the case to the Court of Session.

(2.) THE appellant abjured his guilt. He did not take any specific plea, but has stated that he was falsely implicated in the matter. However, no defence evidence was adduced.

(3.) WE have heard the learned Counsel for the parties at length.