BANDHAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 20-11-1987 of the learned Second Additional Sessions Judge, Ambikapur, in Sessions Trial No. 59/87, by which he has been convicted for offences punishable under Sections 302 and 201 of the Indian Penal Code and sentenced respectively, to imprisonment for life and R.I. for 7 years; both sentences to run concurrently. Co-accused Heera son of Dhani has also preferred a separate appeal being Criminal Appeal No. 1274/87 against his conviction recorded in the said judgment for offence under Section 201. I.P.C. and sentence of 7 years R.I. awarded to him thereunder. Both the appeals are, therefore, being disposed of by this common judgment.

(2.) The two appellants were prosecuted for offences under Sections 302 and 201 of the Indian Penal Code, alternatively under Section 302 read with Section 34, I.P.C. and Section 201 of the Indian Penal Code for the murder of Kuntibai, wife of the appellant Bandhan and for screening the said offence by giving it a colour of suicide and making a report to the police accordingly.

(3.) Prosecution story, in brief, is that the deceased Kuntibai was married to the appellant Bandhan about two years prior to the date of the incident and the appellant Bandhan was ill-treating her as they continued to be issueless despite this long period. Report Ex. P-9 was made by the appellant Heera to the effect that Kuntibai had committed suicide by hanging and, accordingly, inquest was held. It was found that the dead body of Kuntibai was hanging in the room of the accused Bandhan to a rope of which one end was tied to the neck of the body while the other to the rafter. The dead body was brought down and sent for post-mortem alongwith requisition Ex. P 10. The autopsy was performed by P.W. 10, Dr. S. S. Singh on 13-8-1986 at Primary Health Centre Ramanujganj, at 4.15 p.m. The doctor found that rigor mortis had passed off and the rope was tied round the neck with its knot on its left side. Doctor noticed that blood mixed froth was coming from nostrils and mouth and the body was partly decomposed with blisters present and skin was peeling from the body. The doctor noticed swelling alongwith marked blackness of skin on left intra clavicular region of the chest over sternum and lower part of front of neck. On dissection, contusion of sternum upper part and in the muscles of intra clavicular region was also noticed. The doctor found swelling in right thigh and on dissection, contusion was noticed in thigh muscles in front portion of thigh. On removing the rope, the doctor noticed that ligature mark was not prominent and on dissection, no whiteness in subcutaneous tissues was noticed. In the opinion of the doctor, cause of death was asphyxia caused by chest injury accompanied with compression on the front of lower neck, resulting in compression on trachea. On further dissection the doctor had also noticed swelling on intestine, liver and kidneys. There was also swelling in uterus and blood was noticed in vagina. The doctor gave his report Ex. P-b. According to the doctor, the death of Kuntibai was homicidal and the injuries caused to her were sufficient in the ordinary course of nature to cause her death. Postmortem report Ex. P-18 was given by the Doctor. The doctor also gave his opinion Ex. P-19. In further investigation, P.W. 8 Head Constable Ramjas Tiwari seized broken pieces of bangle under memorandum Ex. P-11 from the spot and recorded Dehati Nalishi (village report) Ex. P-13, which was sent by him to the Police Station where F.I.R. was recorded and crime was registered. According to the prosecution, the appellant Bandhan, after committing murder of his wife, hanged the dead body by means of rope to make it appear as if the deceased had committed suicide and with a view to screen the offence, the appellant Heera made a false report that the deceased had committed suicide. The prosecution alleged that after hanging the dead body in the roof, the accused made a small aperture in the wall to enable them to bolt the door from inside with a view to create a simulation that the deceased after bolting the door from inside had committed suicide, while, in fact, she had been murdered by the accused and her body was hanged and the door was locked by the accused themselves.