BASANTI AGRAWAL Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal under Section 374(2) of the Code of Criminal Procedure. He was tried under Section 302 of I.P.C. in Sessions Trial No. 224/93 by Second Additional Sessions Judge, Vidisha. By Judgment dated 10-1-1997, he has been convicted under Section 302 of I.P.C. and sentenced to imprisonment for life.

(2.) Prosecution story as unfolded during trial, is that the appellant Basant Agrawal was married to Babli alias Sitabai in May, 1992. The parents of Sitabai were residents of village Gadarwas Tehsil Bareli district Raisen, The appellant was a resident of Khurai. Their marriage took place in a community ceremony at Jabalpur. After the marriage appellant came to Bhopal alongwith his wife and started business of grocery. In the meantime, his wife used to visit her parent's house. Her eldest brother Rajaram (PW 5) and his wife Durgabai (PW 6) were residing in Arjunnagar at Raisen. Her another elder brother Liladhar Agarwal (PW 11) was also residing in Arjunnagar at Raisen. He is a teacher by profession. Radhavallabh (PW 10) was her cousin and doing some business and residing at Bhopal. Santosh Agarwal (DW 2) is the elder brother of appellant and he was residing at Bhopal and also doing business. After marriage, out of their wedlock, one daughter was also borne to them but she died after sometime. As per prosecution version, after marriage, appellant started teasing and torturing his wife. It is alleged that the reason behind it was that the appellant was having illicit relation with one Ramkali, sister-in-law of his elder brother Santosh Agrawal (DW 1). It is alleged that the deceased also told about her torturing to her parents and in the month of October the deceased went to her parent's village Gulabgani at Raisen. On 26-10-1993 the appellant also came to Raisen to take her and there the family members of the deceased complained about his ill-behaviour and harassment. The appellant assured that in future he will not behave like that and will also not torture and he brought the deceased from her parent's house to Bhopal. The appellant also assured her parents that in future he will live separately with his brother and shall keep her daughter properly. He also invited them to come on the falling Sunday i.e., on 31-10-1993 to Bhopal to observe his behaviour and to see their living. On 31-10-1993, Durgabai (PW 6) who was her Bhabhi and Liladhar (PW 11), her elder brother both went to the house of appellant but they found that the house of appellant was locked. The neighbour of the house informed them that the appellant had gone to Gulabganj. Thereafter, they went to the house of Radhavallabh (PW 10).

(3.) On 31-10-1993, in the night at about 8 P.M. at Village Khejda near Gulabganj situated by the side of railway station, one Manoj (PW 4) alongwith Tikaram (PW 1) were working in their field on a tractor. At the same time, one person came to them and asked for help and informed that his wife is not feeling well and she is lying near the railway track and asking for water. Manoj (PW 4) and Tikaram (PW 1) both came on the side of railway track and with the help of torch they had seen the body of the wife of that man, which was lying near the railways track. They told him that they are not in a position to help him, he may go to Khejda and may ask for the help. On the same day at about 10 P.M. that man went to the Gateman Narayan (PW 3) who was on duty at Gate No. 276 and informed him that her wife is not well and she is lying unconscious near the railway track and asking for water. Narayan (PW 3) enquired from him about his whereabouts and that person told Narayan that he is a resident of Bhopal and he was going to Khurai alongwith his wife. Thereafter, Narayan (PW 3) informed the Station Master of Sumer on phone and at the instruction of Station Master, Narayan went on the spot alongwith that person and had seen the body which was lying near the track and found her dead. Thereafter, a written report (Ex. P/6) about the incident was sent to the police station Gulabganj through Pointman Ramgopal at the instance of Station Master at about 12-30 in the night on the basis of which a Marg No.20/93 was registered by Assistant Sub-Inspector H.N. Tiwari (PW 9). The police reached on the spot and in the presence of Narayan (PW 3), a spot-map (Ex. P/8) was prepared. Panchnama lash (Ex. P/11) was also prepared and Safina form was issued. The dead-body was referred to District Hospital Vidisha for medical examination from where it was referred to Medico-legal Institute, Bhopal. On 2-11-1993, the post-mortem of the dead-body was performed by Dr. D.K. Sathpathi (PW 12). After the post-mortem examination it was found that the cause of death of the deceased was asphyxia as a result of throttling which was homicidal in nature. After the said report, H.N. Tiwari (PW 9) further investigated the matter and the statements of the witnesses were recorded by him. Thereafter, on 3-11-1993 P.S. Gulabganj registered a crime No. 86/1993 for commission of offence under Section 302 of I.P.C. and the appellant was arrested. The statements of other witnesses were also recorded. During investigation, it was found that the relation between husband and wife were strained and the husband/ appellant was not behaving properly with his wife. He used to beat her. It was found that he was having illicit relation with one Ramkali, sister-in-law of his elder brother. Therefore, on 31-10-1993, appellant brought the deceased to Gulabganj and committed murder of his own wife by throttling. Accordingly a charge-sheet was filed against the appellant.