SUNDARIYA @ SUNDERSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10th July, 2007, passed by the learned Special Judge, Barwani in Special Case No.13/2007 whereby the trial Court has convicted the appellant under Sec. 364 of the I.P.C. read with Sec. 3(2) (5) of the S.C.S.T.(Prevention of Atrocities)Act and also under Sec. 302 of the I.P.C. read with Sec. 3(2) (5) of the S.C.S.T. Act and has sentenced him to R.I. for 10 years and fine of Rs. 1,000.00 under Sec. 364 read with Sec. 3(2) (5) of the S.C.S.T. Act and imprisonment for life and fine of Rs. 2,000.00 under Sec. 302 read with Sec. 3(2) (5) of the S.C.S.T. Act

(2.) As per the case of the prosecution, on 13/5/2006, at about 6.00 p.m., accused Sundariya came to the house of complainant Motilal(P.W.5) and told him and his wife Kalabai that he will be attending wedding in the house of Bharsingh and they should also come so that they can dance together in the said wedding. On the said suggestion, Motilal(P.W.5) and his wife accompanied Sundariya upto the house of Bharsingh. On consuming liquor, Motilal(P.W.5) got intoxicated and fell asleep. Therefore, his wife and other ladies namely Parubai, Suklibai and Kusum joined the dance group. After about an hour, Motilal(P.W.5) woke up and finding that his wife was not there, he made enquiries from others. He was informed by Parubai, Suklibai and Kusum that accused Sundariya had taken his wife stating that he would escort her up to her house. Thinking that deceased Kalabai may have gone to the house, he went to sleep and when he came in the morning, he was told by Suklibai and Shyamlal that his wife Kalabai was lying dead in the field of Naharusingh. He rushed to the field and found that his wife was lying dead and there was blood around her and since she was last seen in the company of accused, a report was made by Motilal(P.W.5).

(3.) A case was registered under Sec. 302 of the I.P.C. and investigation commenced. After holding inquest of the dead body, witnesses were examined, spot map was prepared and the dead body was sent to hospital for autopsy. Autopsy was performed by Dr.M.S. Jamre(P.W.13) who gave report Exhibit-P/17. As per the report (Exhibit-P/17) and the testimony of Dr. Jamre(P.W.13), the following injuries were found on the body of the deceased.