STATE OF M.P. Vs. SHIVCHARAN

JUDGEMENT

(1.) THE appellant -State has preferred this appeal against the order of acquittal recorded by the learned trial Court thereby acquitting the accused -respondents of the charge under section 302, in the alternative under section 302/149 and 201, I.P.C.

(2.) ACCORDING to the prosecution story, deceased Arjun Prasad was living in village Jagannathpura. The deceased had no issue. His widow Mst. Ram Kunwar Bai (PW 12), who had left the village Jagannathpura, was living with her parents in village Machhariya. Witnesses Triveni Bai (PW 10) and Badri Singh (PW 11) are the residents of village Jagannathpura. In the past, the son of Triveni Bai (PW 10) committed murder in village Jagannathpura and since then Mst. Ram Kunwar Bai, widow of Arjun Prasad, had left village Jagannathpura and were living in village Machhariya.

(3.) IT is alleged by the prosecution that the sale -deed of the property of Arjun Prasad was got executed by accused Shiv Charan by playing deceit upon him. Since no arrangement was made for the maintenance of Arjun Prasad, he had started denying the alleged sale. His wife Mst. Ram Kunwar Bai (PW 12) was alleged to have objected to such sale in the Court. Therefore, it is stated that the accused persons in order to get rid of the whole dispute committed murder of Arun Prasad in the intervening night of 3rd and 4th April 1979 and it is further stated that before the police could reach the village, the dead body was put to fire. The case of the prosecution is also that when the dead -body was being taken to the funeral ground, Lal Singh (PW 9) and one Mst. Chandan Bai had objected the accused -respondent Shiv Charan and Bachhi had given threat to them at the gun point. It was also alleged that other accused persons in order to screen the offenders had caused disappearance of the evidence by putting the dead -body to fire. Accused -respondent No.1 who had participated in putting the body to fire at the funeral ground was charged only with the commission of offence under section 201, I.P.C.