BALKRISHNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 13-2-1991 passed in Sessions Trial No. 130 of 1989 by 3rd Additional Session Judge, chhindwara, convicting appellant No. 1 Balkrishna under Sections 302 and 498-A of I. P. C. and sentencing him to life imprisonment and rigorous imprisonment for three years respectively and appellant No. 2 Ashabai under section 498-A of I. P. C. , sentencing her to rigorous imprisonment for three years.

(2.) IN nutshell, the prosecution story is that appellant Balkrishna was married to Pushpa Bai (deceased) about three months before her death. Appellant No. 2 Smt. Ashabai was the wife of elder brother of appellant balkrishna. On 19-8-1989 Balkrishna lodged a missing report with the police, contending that he and his wife Pushpa Bai had gone to work at his field at about 10. 00 A. M. At about 4-4. 30 P. M. Pushpa Bai left the field for going back home. At about 6. 00 P. M. when he reached home, he did not find Pushpa Bai there. He went to the house of his father-in-law who lived in the same village and also to the houses of other persons to Inquire about Pushpa Bai, but she could not be traced out. Next day i. e. on 20-8-1989 her dead body was found in the well situated in the field of appellants. Murg intimation (Ex. P/3) was got recorded by Balkrishna.

(3.) DEAD body of Pushpa Bai was sent for the post mortem examination to Primary Health Centre, Pandhurna, where Dr. K. L. Mishra (PW-10)performed the post mortem examination and found following injuries:-