DHANUSH RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is by the accused challenging his convictions under sections 302 and 201 of the Indian, Penal Code. He was sentenced to life imprisonment under section 302 of the Indian Penal Code by the Sessions Judge, Rajnandgaon, in S.T. No. 43 of 1980. No separate sentence was passed under section 201 of the Indian Penal Code.

(2.) Charges against the accused were that on 11.41980, at about 2 p.m., in village Matia. district Rajoandgaon, he committed murders of his wife Smt. Jamunbai and daughter Ku. Pawanbai alias Pawanabai (hereinafter referred to as (Pawanbai), aged 11/2)ears and with the intention to came disappearance of the evidence burned the dead bodies in the sand of river Chumaria, situate between village Bagdai and Matia.

(3.) The prosecution case is that the appellant accused. a resident of village Thailitola, was married to deceased Jamunbai, resident of village Joshi lamti about 13 years before. The wedlock gave birth to a female child Pawanbai about 2 years ago. Relations between Jamunbai and the accused and his mother Smt. Lilabai (C.W. 1) were not cordhial due to which Jamunbai very often used to run away from the accuseds house. The accused was fed up and was eager to get rid of her. On the last occasion, after running away from the accused house, she stayed for about a year at her mothers place. Village Paochas at last brought Jamunbais and her daughter to the accusers house after settling the differences. During Jamunbais long absence, the accused with the help of his father planned to settle his second marriage with one Mahawati, daughter of Birjoo Kalar of Adejhar but it did not rnaterialise on the ground that Jamunbais the first wife, lived with him.