STATE OF MADHYA PRADESH Vs. MUNNA

JUDGEMENT

(1.) The State of Madhya Pradesh is in appeal against the judgment dated 24/09/1998 in Session Trial No.15/97 and Session Trial No.14/97 recording acquittal of the respondents for the offence punishable under Sections 302, 302/34 and 201 IPC. It is pertinent to note that leave was granted only against the acquittal of respondent no.5-Munna.

(2.) The respondents were prosecuted on the allegation of having caused murder of Barsha Devi and her daughter Priyanka, aged 4 months.

(3.) The prosecution was launched on the story that on 19.10.1996 Shyamlal (PW.9), Kotwar, Village Buxanpur had gone to the fields of Sultan Singh. At about 8:00 PM, while sitting with Badam Singh, the accused Munna approached him and informed that his (Munna's) wife has died due to immolation along-with her, his 4 months daughter has also died. Lokendra Singh (PW.6) went to the house of Munna and saw that the dead body (charred) of Munna's wife and his daughter was lying at an open place leaving the accused Nathu Singh and his son to look after the dead bodies, Shyamlal (PW.9) went to and lodged report at Police Station Piprai. Merg (Ex.P/12) was registered by Sub-Inspector Lokendra Singh (PW/6), who informed the incident to the Sub-Divisional Officer, Mungawali, who started the investigation on 20/10/1996. After the inquest, the dead bodies were sent for postmortem. As per post-mortem report Ex.P/1, Dr. K.K. Gupta (PW/1) opined the cause of death being asphyxia due to throttling. The Medico Legal Institution at Bhopal expressed its inability to examine the body of child. The offence under Section 302/34 was registered on the report of the SubDivisional Officer, Shri C.L. Bamoria on the intervening night of 19-20/10/1996 against the respondents.