RATIA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal under section 374(2) of Cr.P.C., 1973 against the judgment dated 23.7.1994 passed in Sessions Trial No.140/1990 by Sessions Judge, Mandla, by which appellant has been convicted under section 302 of IPC to undergo sentence of life imprisonment.

(2.) As per prosecution in the village Barrai deceased Smt.Ramchiriya Bai was living with her husband Murarilal. Appellant/accused Ratia Bai had developed love affair with Murarilal and she wanted to marry him. Deceased was not inclined to give consent for this marriage, therefore, accused wanted to do away her. On 5.3.1992 accused Ratia Bai went to weekly market in village Sarasdoli with a girl Kaushalya Bai for shopping. In the evening, they were returning home, deceased Ramchiriya Bai met them, she was also returning home from the market. When they reached near the field of Amru Gond, the accused assaulted the deceased by axe and killed her. Thereafter accused and Kaushalya Bai returned home.

(3.) It is further alleged by the prosecution that when deceased did not return home, her relatives made a search for her and next day her uncle Bholaram (P.W.7) made a report in Police Outpost, Mehadbani, which is registered as Missing Person Report Ex.P-1. During search of deceased, this fact revealed that the deceased was with accused Ratia Bai when she was returning home from market. When Bholaram and other relatives of deceased inquired about the deceased from the accused, then accused told them about the incident and also informed them about the dead body and axe. Bholaram went to Police Outpost Mehadbani and gave information about the incident. The Police registered FIR Ex.P-2 and after recording Marg intimation the accused was conducted by Sub-Inspector K.B.Singh (P.W.16). He prepared the Panchnama of dead body Ex.P-3, seized the red earth from the spot, prepared spot map and sent the body for postmortem to Primary Health Centre, Mehadbani. During investigation on the memorandum of accused an axe was seized from her house, the statement of witnesses were recorded and after usual investigation chargesheet has been filed.