KISHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants assail the judgment dated 8th February, 1999 of the learned 1st Additional Sessions Judge, Shajapur, in S. T. No. 247/97 by which the appellant no. 1 has been convicted for offence punishable under Section 302 of the IPC and sentenced to imprisonment for life and fine of Rs. 1,000/- while appellant no. 2 Soram Bai has been convicted under Section 201 of the IPC and sentenced to three years R. I. and fine of Rs. 500/ -. The appellants were indicted for offence under Sections 302/34 and 201 of the IPC for having committed murder of dhapubai in pursuance of their common intention and having concealed her body with a view to screen the commission of the offence.

(2.) ACCORDING to the prosecution case, on 2-6-1997, Devisingh (P. W. 8) went to the house of his sister-in-law and found that the house was locked from outside. On inquiry having being made, it was learnt that the accused no. 1 Kishan and his wife Dhapubai had left the house eight days ago. On, 3-6-97, Devisingh lodged report (Exh. P-2) at Police Station Sundersi. Thereafter, on 8-7-97, at about 10 O'clock, Kesu and Bansi saw a human skull and ribs burried in the ground with clothes covering part of it. This information was given to the village Chowkidar Siddhu (P. W. 1), who reported the matter at Police station Sundersi on 9-7-1997. On the basis of this report, a case of sudden death was registered and Naib Tehsildar (Executive Magistrate) was approached for exhumation of the body and a panchanama to that effect was made. The panch then, identified the clothes to be the clothes of Dhapubai and on that basis, it was inferred that the skeleton was of Dhapubai, second wife of appellant No. 1. The police then proceeded with the investigation. Blood stained and control earth were seized from the spot and the clothes covering the skeleton alongwith a rope were also seized and were sent to the Medical Officer for his opinion. Thereafter, the skeleton was sent to Medico Legal Institute, Bhopal from where report was received. After recording of the statement of witnesses, offence was registered and after arrest of the appellant No. 1, pickaxe, spade and axe were recovered. The bullock-cart in which body of the deceased had been taken was also seized and, thereafter, charge-sheet was filed against the accused.

(3.) THE accused pleaded not guilty and stated that the witnesses had falsely deposed against them on being tutored by the police. The learned additional Sessions Judge, on trial convicted the appellants and sentenced them as herein-above stated.