STATE OF M P Vs. NURU

JUDGEMENT

(1.) THE appeal is directed against the Judgement and Order dated 6. 10. 1990 of Additional Sessions Judge/ Kukshi, District Dhar, passed in S. T. No. 204/90, whereby the accused-respondent has been acquitted Under Sections 302 and 201,1. P. C. for allegedly having committed murder of his wife Savitri and for having concealed the body behind the house by cremating her surreptitiously.

(2.) UNDISPUTED facts of the case are that Savitri (deceased) was married to the accused nearly 7-8 years before the incident. P. W. 1 Somla and P. W. 4 Mangti are father and mother of the deceased. Radhu (P. W. 2) is the daughter of the accused while P. W. 3 Kishan and P. W. 5 Guddi are brother and sister of Savitribai respectively. Savitribai was living with the accused.

(3.) IT is alleged that accused assaulted and caused injuries to his wife Savitri, who died in consequence thereof. Accused, thereafter, cremated the body behind the tapra and put some tiles over it. Radhu has seen the murder. P. W. 5 Guddi had come to the village to meet her relations, to whom Radhu informed about the fact. Thereafter, persons of the village including father of deceased came on the spot. They saw the body lying behind the 'tapra'. The matter was reported to the police Kukshi by P. W. 1 Somla. The information was recorded by Kishanlal Anjna, who visited the spot, prepared a Panchnama (Ex. P/5) for excavation of the body and after excavation further Panchnama Ex. P/8 was prepared. Thereafter, inquest report of the body was prepared vide Ex. P/7. He also prepared site map Ex. P/ 9. One wooden stick and bushirt was seized from the accused vide Ex. P/10, stained and controlled earth was seized from the spot vide Ex. P/11 and, then, the body was sent for post mortem examination.