STATE Vs. BHOGIRAM

JUDGEMENT

(1.) ACCUSED Bhogiram S/o Daryab Prasad Brahmin of Lashkar was prosecuted for (he murder of his wife Vidhya before the Sessions Judge Gwalior, who found him guilty and sentenced him to death.

(2.) THE accused has preferred an appeal against his conviction.

(3.) FACTS as alleged by the prosecution are as follows: Accused Bhogiram was married to deceased Vidhya about three years prior to the incident. The accused was a police -constable and was posted at Lashkar, It is said that the accused ill -treated his wife and for that reason the relations between him on the one hand and those of deceased Vidhya and her parents Shyamlal and Lexmibai on the lather, had got strained. Since about four months prior to the incident the relations had considerably got worse. The accused attributed misappropriation of his ornaments and cash through his wife to Shyamlal while the deceased as well as her parents attributed brutality in his treatment to the deceased. Some time in June 1955, when the accused was away on duty to Nagpur, Vidhya went away to stay with her parents. The accused filed complaint of theft against his wife and her parents. In connection with this complaint, the deceased and her parents were detained in police custody for over 12 hours on 27 -7 -1955. The deceased on the other hand filed a suit for judicial separation under Hindu Marriage Act No. 25 of 1955 on 29 -7 -1955. The notice of this suit was served upon the accused and he was required to file written statement to the Plaintiff's allegations of cruelty and the acts of adultery attributed to the accused Defendant on 3 -10 -1955. However before this, on 11 -9 -1955 an agreement was executed through the Intervention of Panchas by the accused, admitting his error in securing the detention of the deceased and her parents and further admitting that the allegations made by him in his complaint regarding the ornaments were untrue and that he would thereafter treat her well and live with her amicably. On the faith of this agreement the deceased was sent by her parents to the house of the accused. Both the accused and Shyamlal lived close by in Pan Patte -ki -Got, Lashkar.