STATE OF M P Vs. BHARAT SINGH

JUDGEMENT

(1.) The appeal has been preferred by the appellant/State of MP aggrieved by judgment of acquittal delivered by Sessions Judge, Panna in ST No. 57/ 90 on 7.8.92 thereby acquitting the respondents for commission of offence under Section 302 read with Section 34 and section 201 of IPC.

(2.) Accused/respondents 1 to 3 were charge sheeted for commission of offence of murder of Smt. Mamta Bai, wife of accused Bharat Singh by throttling her to death and in order to remove the evidence of murder set fire the body of Smt. Mamta Bai to indicate mat she had committed suicide. Accused no. 2 and 3 are maternal-grand father and maternal-grand-mother of deceased Mamta Bai. Mamta Bai suffered extensive bums at about 7 AM on 18.6.1990 in the house of accused and died in close proximity of the time. Prosecution submitted that accused Bharat Singh lodged a report at 12.10 PM on 18.6.90 at PS- Shahnagar to the effect that he and the other two accused persons had gone to work in their Badi (field) in Village-Tiliya Mahgawan, when he returned back soon after for collecting a spade, opened the door and entered the house, he saw his wife Mamta was burning, when he called her, she did not reply, it was about 7AM, he made hue and cry, on that Sukhnandi, Sullu and Raghunath Singh came there and saw his wife dead and extinguished the fire, he was not aware why his wife set herself ablaze. Marg intimation report was recorded. Sub-Inspector A.Khan reached village Tiliya Mahgawan in early morning of 19.6.1990, summoned the witnesses to draw inquest. From the spot a kerosene oil container and its top, an empty and a full match box and a kerosene oil lamp were seized. Body was sent for the autopsy. The sketch map was drawn. Dr. R.K. Balotiya conducted postmortem, removed burnt clothes from the body and burnt hair, sealed them in a packet and handed over to constable Jagdish Prasad. In the postmortem report death was found due to asphyxia . Another clarification from the doctor was also obtained, beside opinion from Chief Medical Officer was also obtained, it was opined that it was case of murder and thereafter setting Mamta bai ablaze. Dr. H.O. Gupta, Forensic Science Expert inspected the spot on 19.6.90 , submitted report (P/15) dated 20th June, 1990. The accused were charge sheeted after due investigation of the case.

(3.) Accused abjured their guilt and pleaded innocence. The Trial Court as per the impugned judgment has acquitted the accused persons for commission of offence under Section 302/34 and Section 201 of IPC, Trial Court has held that it was a case of suicide, accused have been acquitted, consequently State has come up in appeal.