DARSHATH Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have filed this appeal challenging their conviction under Section 302/34, 201 and 394 of the I.P.C and sentence of imprisonment for life with fine of Rs.500/-, in default of payment of fine additional R.I. for six months, R.I. for four years with fine of Rs.300/-, in default of payment of fine additional R.I for three months and R.I for ten years with fine of Rs.400/-, in default of payment of fine additional R.I. for five months respectively, passed by the Learned Additional Sessions Judge, Ujjain in Session Trial No. 105/1998, dated 20-10-1998.

(2.) According to the prosecution case, deceased Mohanlal and his second wife Sitabai were residing in a hutment situated outside the village in the field. They were not in their house which was locked from outside. On 25-12-1997 Omkar son of Laljiram Patidar [P.W-6], found a bedding in his well and after extracting it from the well it was seen that same was containing Rajai (quilt), Shawl, Shirt, Paijama, Hankerchief, ladies wrist watch and a child cap tied with stones. He lodged the report on the same day and along with him Harisingh Head Constable [P.W-18], proceeded towards his well. They made a search of the well of Omkar, by throwing anchor and found a gunny bag in which dead body of Mohanlal was wrapped along with bricks and stones. On the basis of this, in Chimanganj, Police Station F.I.R. Exhibit P/43, was recorded by Head Constable Ramvilas Singh. Through seizure memo Exhibit P/1, all the articles were seized. The lock of the house of Mohanlal was broken open wherein blood stained, roof, tile and earth soiled with blood and other articles were found which were seized through seizure memos Exhibit P/14. Spot Map Exhibit P/16 and P/17, were also prepared at the instance of the witnesses. Seized articles were got identified in test identification parade vide memos Exhibit P/10, P/11, P/12. The Police and villagers continued the search of wife of Mohanlal and ultimately she was also found wrapped in a gunny bag lying in well of Ayyub [P.W.-8]. It was seized through Exhibit P/21.

(3.) The accused persons were arrested and on their memorandum statements from Exhibit P/26 to Exhibit P/30 and seizure memo Exhibit P/31, P/32;and P/33 from their possession trouser, Shirt, Silver chain, Paijeb, Golden Pendal, Silver ball were seized. [P.W-12] Suraj Singh Patwari, prepared another map Exhibit-P/36. For death of Mohanlal. Dehati Nalish Exhibit-P/42 was recorded. Dead bodies were sent for Postmortem examination which was conducted by [P.W-13] Dr. G.S Dhawan. Dr. Dhawan, performed autopsy on the dead body of Mohanlal. Doctor who performed Postmortem on the dead body of sitabai was not examined - before the trial Court. On completion of investigation appellants were charge Sheeted for commission of above mentioned offences.