KHORBAHARA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7-12-1987 in S.T. No. 99/87. by IVth AddI. Sessions Judge Durg; whereby the accused/appellants have been convicted for offences punishable under Sections 302, 201 read with Section 34 of I. P. C. and they have been sentenced u/Sec. 302. I.P.C. to undergo imprisonment for life and to pay fine of Rs. five hundred and u/Sec. 201, I.P.C. to R.I. for seven years and to pay fine of Rs. two hundred.

(2.) The prosecution case stated in brief is that the deceased Duleshwari Bai was the first wife of accused/appellant No.1 Khorbahara while accused/appellant No. 2 is his second wife. The deceased was married to appellant No.1 about 12-13 years back. Relations between the accused/appellant No.1 Khorbahara and deceased Duleshwari Bai were strained on account of which the accused/appellant No.1 Khorbahara had turned her out after about two years of their marriage; where-after she lived with her brother Amar Singh (P.W. 1), for a considerable period. Thereafter, accused/appellant No.1 Khorbahara pad married accused/appellant No.2 Khetiharin Bai. Subsequently, on account of intervention by some persons, accused/appellant No.1 Khorbahara and deceased Duleshwari Bai reunited and started to reside together.

(3.) The accused/appellant No.1 Khorbahara lodged a report at Police Station, Ranchirai which was recorded in SanhaT on 9-5-1987 that his wife Duleshwari Bai (deceased) was missing. Thereafter, Amar Singh (P.W.1) had lodged a report (Ex. P.18), dated 28-5-1985, which was recorded as Dehatimerg intimation. During enquiry, accused/appellant No. 1 Khorbahara, in the presence of villagers, disclosed that he and his second wife accused/appellant No. 2 Khetiharin Bai, had taken deceased Duleshwari Bai to their field ostensibly for cultivation operations, and the appellants then had forcibly thrown deceased Duleshwari Bai in a pit already dug by them; and had throttled and buried her in their field.