BULLU ALIAS JANKI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16th August, 1995 of the learned Sessions Judge, Satna in S. T. No. 193/94 by which he has convicted the appellant of the charge under Sections 302 and 381 of the IPC and sentenced him to imprisonment for life and Rs. 1000/- fine and imprisonment for 2 years and Rs. 500/- fine, respectively, thereunder. The judgment also directs further sentence of 6 months on failure to pay fine of Rs. 1000/- and one month on failure to pay fine of Rs. 500/ -.

(2.) THE evidence in the case is circumstantial. According to the case of the prosecution, on 15-7-1994, accused had been engaged as domestic servant by the deceased Dulari in her house in Rajendra Nagar, Satna. Her son P. W. 7 Pushpendra Singh had gone out to Bombay while her grand-son had gone to his aunt's place. On 17th July, 1994 in the morning, P. W. 2 Thribhuvan Singh was informed that the door of the house of deceased Dulari was closed and inside the house her dead body was lying. He immediately rushed to the police station and alongwith P. W. 13 B. R. Bagri reached the spot. He noticed that there was an injury on her head and she was lying on the floor. Inquest report Ex. P-2 was prepared and body was sent for post-mortem examination. According to the opinion of the autopsy surgeon, the cause of death was shock due to excessive heamorrhage on account of injury (head injury) and injury to brain. The death was homicidal in nature.

(3.) IT was noticed that the stone and the knife used in causing injury was lying on the spot and accordingly all the articles lying on the spot, connected with the offence, were seized. Search was made for the accused but he could not be traced out till 23-9-1994. Upon arrest of the accused, he gave information about his having kept one gold ring concealed in a bag and the same was recovered from him after his arrest on 23-9- 94. It was on the basis of this recovery and the other evidence that the prosecution contended before the Trial Court that the accused was engaged as her domestic servant in the house and was last seen with the deceased and after her demise, a ring was recovered from the accused belonging to P. W. 7 Pushpendra Singh, son of the deceased, and, therefore, the accused was guilty of having committed the murder of Dulari and committed theft of the said gold ring.