RAMSINGH JALIA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.11.87 of Sessions Judge, Ratlam passed in S.T. No. 82/87 whereby accused-appellant has been convicted u/Section 302 IPC for having committed murder of Smt. Rukminibai on 18.2.87 in village Palduna, and sentenced to imprisonment for life.

(2.) The prosecution story in brief is that on the date of incident i.e. 18.2.87 at about 6 p.m. Rukminibai was returning from Jungle and was going towards residential village, the moment she reached near a rivulet by the side of the field, one of Madhu Patel, the accused who was hiding behind the bushes jumped all of a sudden, gave 34 blows from the Butt of Pharsi and thereafter chopped of the legs for taking out the silver ornaments which she was wearing Rukminibai raised alarm. Sardar and Ramesh reached the spot. Accused left the place of incident immediately after arrival of Sardar and Ramesh.

(3.) Both these witnesses Sardar and Ramesh who have been examined as PW 5 and PW 9 ran towards village as they themselves were scared and informed the villagers. The responsible persons of the village came on the spot. They found Rukminibai dead. The matter was reported to police on the same day by Heeralal PW 7, the same was recorded by PW 8 Sultan Singh who registered an offence u/Sections 302 and 396 IPC vide Crime No. 89/87. The investigation of the case was conducted by A.R Khan PW 13 who received the information and FIR on the same night. He visited the spot, prepared inquest report (P/9) found both the legs severed at the level of ankle joint prepared site map (P/8); seized stained and unstained earth from the spot including broken bangles, shoes and some artificial pearls lying on the place of incident. The photographs of the dead body were also taken vide P/18 and P/20. The body was sent for post mortem examination with inquest report.