TULSI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 7-3-1992 passed in Sessions Trial No. 130 of 1987 by Second Additional Sessions Judge, Chhindwara, convicting him under Sections 302 and 201 of the Indian Penal Code and sentencing him to life imprisonment and rigorous imprisonment for seven years respectively.

(2.) PROSECUTION case in short is that Gyanwati (deceased) was the wife of appellant. She was living with her husband (appellant) in Village Mandla of District Chhindwara. Her parents lived in Village Bag-bardiya of the same district. On 17-8-87 she along with her husband went to her parents house where she met her father Gangaram (P. W. 8), mother Kashni Bai (P. W. 4) and brother Dhannalal (P. W. 9 ). Gyanwati told her parents that her husband used to mal-treat her, accusing her to be a profligate woman. Her parents remonstrated them both. Appellant alongwith Gyanwati thereafter journeyed back to their Village Mandla. In view of the acrimonious relations between them, Gangaram thought it wise to send his mother and nephew Munshiram (P. W. 10) next day to Mandla to see them. On reaching Mandla, they did not find Gyanwati there. They went back. On their return journey appellant met them in the way and told them that Gyanwati had gone to Bag-bardiya. Getting suspicious Gangaram, his mother and Munshiram made search for Gyanwati at the places of their relatives on 18- 8-87 and on not finding her, Gangaram at longlast lodged a missing report (Ex. P-21) at Police Chouki Ravanwada on 19-8-87.

(3.) ON 20-8-87 appellant's brother Ramdayal (P. W. 7) informed the police that yesterday at about 4. 00 PM Chhabilal Gond (P. W. 6) had told him that the dead body of Gyanwati was hanging from a tree in Thawri forest. When he alongwith Kotwar and other people of village went there, he found her dead body hanging from the tree. He informed the police that appellant and his wife Gyanwati were living separate from him and that on 17-8-87 they had gone to Bag-bardiya, and on the same evening at about 5-6 PM his brother Tulsi (appellant) had come back home and had informed him that Gyanwati was at Bag-bardiya. On the report made by Ramdayal a Merg (Ex. P-13) was registered and on 24-8-87 an offence under Section 302 of IPC was registered against the appellant/accused.