SHOBHAU ALIAS SHUBHAU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal from Jail against his conviction and sentence of Life Imprisonment under Section 302 of the Indian Penal Code and conviction under Section 404 of the Indian Penal Code, sentence 3 years R.I., recorded in Sessions Trial No. 21/89 vide judgment dated 29th July, 1989, by the Additional Sessions Judge, Khairagarh (district Rajanandgaon).

(2.) The prosecution case in brief is thus. The deceased Lagnibai alias Buchwainbai, aged about 80 years, mother of Maniram (P.W. 5) by caste Dhobi after taking her meals, on 12-11-1988 at about 10.00 a.m. left to wash the clothes at the house of Santuram (P.W. 1) in village Dungaria. She was wearing gold and silver ornaments. When she did not return home, Maniram P.W. 5 lodged the report on 16-11-1988 to that effect, which was recorded in Rojnamcha Sanha (Ex. P. 8) at police out post Salhewada at serial No. 253. After the report, G.D. Dharmagude (P.W. 17) Assistant Sub-Inspector of Police left for search on 17-11-1988 and to investigate the matter. He also directed constables to go and enquire. When the Police Party reached near the dam of Nainiya village, Maniram (P.W. 5) again met them and informed that the dead body of his old mother is lying at Mainiya Dam. A Dehati Nalish (Ex. P. 9) and on that Marg Intimation (Ex. P. 10) were recorded. G.D. Dharamgude (PW 17) reached at the spot where he prepared a Panchnama Lash (Ex. P. 2) and then sent the dead body for post-mortem examination Dr. Ashok Khare (P.W. 18) performed the autopsy on 18-11-1988 and found the condition of the body thus :

(3.) On 1-12-1988, the accused was called at the police station, where he gave information under Section 27 of the Evidence Act which was recorded at Ex. P. 3. In pursuance of that information, the appellant took out an old bag (Jhola) kept under a stone in the Nallah of Bhadbhadi cut Dam from which one gold mohar (Art. A), one gold Utarna (Art. E), one silver sutiya (Art. B), one pair of silver Ainthii/Potie (Art. C) and one silver patta (Art. D) were seized vide seizure memo (Ex. P. 4). All these articles were old which were identified by Maniram (P.W. 5) and Amritbai (P.W. 6) to be those belonging to the deceased, in the identification test held on 19-12-1988 by Narendra Kumar Sharma (P.W. 15), Naib Tahsildar. Test identification memo, is Ex. P. 7. After investigation the accused was put to trial under Section 302 and Section 404 of the Indian Penal Code. He denied the charges.