DEVI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the present appeal, a challenge has been made to the order of conviction and sentence dated 12. 10. 2006 passed by Third Additional Sessions Judge, Fast Track Court, Shahdol in Sessions Trial No. 125/2006 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to R. I. for life and fine of Rs. 100/- in default of payment, R. I. for one month and also convicted under Section 201 of the Indian Penal Code and sentenced to R. I. for two years and fine of Rs. 100/- in default, further R. I. for one month.

(2.) The prosecution case is that on 21. 01. 2006 at about 11. 00 pm, the appellant was sleeping inside his house. His mother Budwariya Bai came to him in a nude condition and kissed him, the appellant woke up and raised an alarm. His sister-in-law Seeta Bai (PW-4) was also inside the house. Budwariya Bai the deceased caught hold her and tried to burn her. It is alleged that at this stage, the appellant throttled Budwariya Bai and then put oil and haldi on her person and led her on a caught. It is further alleged that on the advise of the villagers, he went to the police station where he lodged FIR (Ex. P-14). The appellant is son of the deceased and he lodged an FIR to the police station on 23. 01. 2006 informing about the incident that his mother in a condition of fit of epilepsy came in a nude condition and then tried to burn his sister-in-law then he took her to her room but on Sunday, she was found to be dead and her dead body was on outdoor fire.

(3.) The prosecution case is based on the circumstantial evidence as there is no direct evidence against the appellant. The Investigating Officer (PW-8) Ramkrishna Mishra deposed that the accused had given the intimation in the police station about the death of his mother due to burning. A marg intimation was recorded vide (Ex. P-13) and thereafter, the FIR was registered (Ex. P-14). It is further stated by him that the dead body was recovered on the statement of the accused and he had prepared dead body panchnama (Ex. P-2) and was sent for the postmortem on 24. 01. 2006. Dr. J. B. Malaiya (PW-3) stated that he had conducted autopsy of the dead body and there were some external scratches injuries on the forehead of the deceased and on her face. Some injuries were also found on the face and neck of the deceased. All the injuries were found to be antemortem and there were burn signs on the dead body. On the internal examination, he found that the deceased had died due to asphyxia due to blockage of air passage by throttling or suffocation. The nature of the death is homicidal.