STATE OF MADHYA PRADESH Vs. MAHESH

JUDGEMENT

(1.) APPELLANT-STATE of M. P. has preferred this appeal under Section 378 of the Code of Criminal Procedure, after obtaining leave from this Court, against acquittal. In Sessions Trial No. 186/89 the respondents were tried under Section 302, read with Section 201 of the Indian Penal Code, before the Additional sessions Judge, Lahar, District Bhind. Vide judgment dated 29-6-96 the Trial court acquitted the respondents, against which the State of M. P. has preferred this appeal.

(2.) BRIEFLY stated prosecution story is as under:-That accused Kallu was working as Bataidar at the agricultural field of complainant Ajay Kumar at Village Machchand. Kallu used to visit the house of Ajay Kumar daily. Ajay's sister Munni was married with one Jainarain. Munni had objected about the visit of Kallu at the house of Ajay Kumar and she was also objecting to keep him as Bataidar. It was also stated that Kallu had also asked for some money on loan from Jainarain, but Munni had refused to give him money. On account of this, Kallu was keeping enmity with Munni. Mahesh is having his house adjoining to the house of Ajay and there was dispute between Ajay and mahesh for keeping the bullock-cart of Mahesh in front of the house of Ajay. It was also the prosecution case that once Mahesh had hid the plate of Malti and there was dispute on that count and, it was alleged that Mahesh was keeping enmity with the complainant party.

(3.) IN the intervening night of 22nd and 23rd June, 1989, Munni and her 8 years' son Amit @ Nanu was sleeping in the house of his Mama at Village machchand, as Munni had come to her Maika on 22-5-1989. On the night of incident Amit was sleeping with Malti, who is the widow maternal aunt. There were some rains in the night, and because of that Malti lifted Amit @ Nanu and lay down him on the cot which was lying in the gallery near Mama Ravindra @ kishori Radhe. In the morning it was found that Nanu was missing and gate of the house was found open. He was searched and thereafter missing report was lodged by Ajay Kumar at Police Chowki Machchand where Missing Crime no. 01/81 was registered and the missing boy was searched by the police. It is also the prosecution case that on 24-6-89 the dead-body of Amit @ Nanu was found from the well of Sudhare. On the basis of the information given by accused Kallu memorandum of information was prepared and thereafter at the instance of kallu the dead-body was recovered from the well of Sudhare. The dead-body was referred for medical examination. The doctor found that the cause of death was asphyxia due to drown, nature of death was found as homicidal and duration was within 36 hours. The statements of the witnesses were recorded, matter was investigated and charge-sheet was filed. During trial the respondents abjured their guilt. Trial Court found two types of evidence- one was of last seen and for that two witnesses Raghuvanshi (P. W. 2) and Ramkumar (P. W. 8) were examined and another evidence was of memorandum. The memorandum (Exh. P-6) was prepared in presence of Shyamkishore Bohre (P. W. 12) and chandraprakash @ Bhopali (P. W. 14), as the information was given in presence of these witnesses by the accused.