SURAJBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(2) of Cr.P.C. has been filed against the Judgment and Sentence dtd. 23/12/2010 passed by 2nd Additional Judge to the Court of 4th Additional Sessions Judge (Fast Track), Khandwa in S.T. No.117/2009, by which both the appellants have been convicted and sentenced as under : <FRM>JUDGEMENT_20_LAWS(MPH)10_2024_1.html</FRM>

(2.) The prosecution story in short is that on 21/9/2008, at about 7:30 A.M., appellant Surajbai gave an information that She was sleeping in her house. At about 3:30 A.M., her mother-in-law namely Sukmabai came to her house and raised an alarm, as a result She woke up. On enquiry She was informed by Sukma bai that deceased Hari @ Bhaggu is hanging on a Neem tree. She accordingly rushed to the spot and cut the rope with the help of Darati. Chhaya claimed that Hari is still alive. Accordingly She took her younger brother-in-law Hari to hospital where compounder Rajle Babu was called, who informed that the deceased has expired. Accordingly, the dead body was brought back to the house. On this report, the police registered Merg No.51/2008. After Merg enquiry, the police registered crime no.185/2009 against the appellant Surajbai and others for offence under Ss. 302, 201, 203 of IPC, on the allegations, that in fact the appellants had administered poison to the deceased and with an intention to cause disappearance of evidence, tried to give the shape of suicide by hanging the deceased on Neem Tree and the appellant Surajbai also gave a false information to the police. Accordingly, offence against the appellants and Rekha bai was registered. The appellants were arrested and after completing the investigation, police filed the charge sheet.

(3.) It appears that Rekhabai was a juvenile, therefore, She must have been produced before JJB. However there is nothing on record to suggest as to what happened to the trial of Rekha bai.