NIRANDAR @ NARENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 06.01.2000 passed by the Additional Sessions Judge, Sheopurkalan (M.P.) in ST No.77/97 whereby the appellant has been convicted and sentenced for life with Rs.500/- fine for an offence of causing murder of his wife Sukhwindar Kaur and daughter Nikki aged 6-7 months under Section 302 of IPC and 02 years' RI with a fine of Rs.200/- for the offence of destroying evidence under Section 201 IPC with default stipulations.

(2.) The prosecution was set in motion with Swarn Singh (PW-2) of informing the Police at Police Station Manpur, Morena on 23.11.1996 at 04:05 pm at village Chak Bamudia that his sister Sukhwindar Kaur (the deceased) was married to Nirandar @ Narendra Singh of village Chak Bamudia 3-1/2 years ago and had two children from the marriage; one 2-1/2 and another 6-7 months. About eight days ago his son Jaspal Singh and daughter Jasvinder Kaur were sent to village Chak Bamudia to fetch barley seeds from Nirandar @ Narendra Singh where they noticed the absence of Sukhwindar Kaur. On enquiry since they did not get proper information from Nirandar @ Narendra Singh, they went to Harjinder Singh (DW-3), son-in-law of complainant (PW-2), who informed that it is a rumour in village that she had gone to her mother's house. On being informed, being suspicious he (PW-2) went to Nirandar @ Narendra Singh (present appellant), who informed that about 15 days ago Sukhwinder Kaur who was having Rs.900/-, and after borrowing Rs.100/- from him (the accused) had gone to her mother's house. Being not satisfied with the answer, he (PW-2) went to the house of (DW-3) and requested him to collect correct information about entire facts. Whereon Nirandar @ Narendra Singh told Harjinder Singh that he has killed Sukhwinder Kaur and as the child was crying he killed her also and threw the bodies in the canal. Next day when complainant (PW-2) with Gurnam Singh (DW-2) went to the house of Nirandar @ Narendra Singh, his house was found locked; suspecting of his having fled, they (PW-2 and DW-3) came to Jaura where they apprehended Nirandar @ Narendra Singh, his mother and daughter from former wife and his niece who were on train. They were taken to Jaura Police where they were told by the OfficerIncharge of Police Outpost that the captives will be sent to police station by the police. It was also stated that at Police Station Jaura, Narendra Singh confessed of having killed Sukhwindar Kaur and her daughter being thrown in the canal.

(3.) On the complaint, Dehati Nalisi (Ex.P-2) was recorded by the Station House Officer, Manpur Camp at Chak Bamudia Shri H.S. Rawat (PW-7) and the prosecution was set in motion. The dead bodies were not found nor clothes nor any other article relating to the deceased. The prosecution after completing investigation filed the charge-sheet for the charge of murder of Sukhwindar Kaur, causing disappearance of evidence and giving false information against the appellant and his mother under Section 201 IPC. Be it noted that the prosecution failed to establish the charge of causing disappearance of evidence against the mother who has been acquitted of the said charge whereagainst the State has not preferred an appeal.