GOTYA Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall also govern the disposal of Criminal Appeal No. 476/83 filed by Anusuyabai. Both these appeals arise out the judgment of conviction passed on 1-2-1983 by Additional Sessions Judge, Burhanpur district Khandwa in Sessions Trial No. 93/82 u/s. 302 read with section 201, I.P.C sentencing both the appellants u/s. 302 with imprisonment for life and u/s. 201 with 4 years rigorous imprisonment.

(2.) On 22-9-1982, Tulsibai, the wife of appellant No. 1 Gotya, was found dead in their residential house with some burn injuries on her person. It is alleged that Tulsibai was done to death by strangulation and later on, put on fire in order to destroy the evidence. She was married to appellant Gotya about 5 10 6 months before the said incident. Appellant No. 2 Anusuyabai is the mother of appellant No. 1. All the three, that is, the appellants and deceased, were living in the said house and it is alleged by the prosecution that the said two appellants used to beat and scold the deceased Tulsibai.

(3.) The investigation commenced by a report at 5 P.M. on telephone by an un-known person, lodged with the Police Station, City Kotwali, Burhanpur stating that a lady has died due to burn injuries. The informant refused to disclose his name. The dead body of the deceased was sent for postmortem to Nehru Hospital, Burhanpur and it was opined by Dr. Ashok Pagare (P.W. 1) that she died because of strangulation. His opinion was that after her death, kerosene oil was poured on her and an attempt to burn her was made. One Ramlal Mistry (Mason), who was the neighbour of these persons, was cited by the prosecution for proving that he had seen the accused persons along with the deceased in the house immediately before the said incident and, therefore, an inference was drawn that the appellants committed the said offences.