STATE OF M P Vs. GIRWAR SINGH

JUDGEMENT

(1.) The present appeal under Section 378(3) of Cr. P. C. has been preferred by appellant/State against the judgment dated 25. 01. 1995 passed by Sessions Judge, Khandwa (M. P. ) in Sessions Trial No. 106/1994, whereby the respondents have been acquitted of the charge of offence punishable under section 302 r/w Section 201/34 of IPC.

(2.) The case of prosecution in brief is that deceased Basanti Bai was wife of respondent/accused Girwar Singh. Marriage was solemnized about 6 years before the incident. After marriage Basanti Bai was living in her marital home at village Shivna with her husband and father-in-law Bhim Singh. It is alleged that the deceased was subjected to cruelty and harassment for demand of dowry by her husband and father-in-law. Respondents used to make demand of ornaments colour T. V. and Godrej Almirah. In the year 1990, her father-in-law Bhim Singh had poured kerosine oil on her and tried to set her ablaze. She had informed her parents about the incident and also lodged report at Police Station Jawar. Thereafter, Basanti Bai came to her parental house and filed a petition for grant of maintenance against her husband and obtained order of Court in this regard under Section 125 of Cr. P. C. When her husband Girwar Singh failed to pay maintenance for one year she filed recovery proceedings and her husband was sent to jail in lieu of recovery of maintenance. Thereafter a compromise had taken place between the parties wherein Girwar Singh promised to give 2 ' acres of his land to Basanti Bai in lieu of maintenance. Thereafter Basanti Bai came to her marital home and started living with the respondents. About 2 3 months prior to the incident she delivered birth to a girl child.

(3.) As per prosecution due to above dispute and maintenance proceedings respondents were keeping enmity with Basanti Bai and intending do away her. On 11. 01. 1994 respondent Girwar Singh and Bhim Singh came to Khandwa with Basanti Bai and her infant daughter for purchasing some ornaments for the girl. After purchasing ornaments they were returning to village Shivna by Bullock-cart. On the way when they reached near Masania Nala on instigation of Bhim Singh, respondent Girwar Singh killed Basanti Bai by throttling her and thereafter killed her newly born girl child. Thereafter the respondents brought the dead body of Basanti Bai and girl child to Government Hospital Khandawa and informed that she had sustained injury due to accident by wheel of Bullockcart. The doctor examined Basanti Bai and her newly born daughter and found them dead. An intimation of incident was sent to Police Station Moghat Road, Khandawa by the doctor. The police initiated the inquest, prepared panchnama of dead body and sent the bodies for postmortem. Respondent Girwar Singh had also sustained some injuries and he was medically examined. In postmortem it was found that the death of Basanti Bai was homicidal. On the basis of inquest, FIR was got recorded on 1 01. 1994 and offence under Sections 302, 201 of IPC registered against the respondents. The spot map was prepared. The broken pieces of bangles and silver ornament of girl were seized from the spot and statement of witnesses were recorded. After completion of investigation charge-sheet has been filed against the respondents and co-accused Dhan Singh.