JAITA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have filed these appeals against the judgment dated 06.11.2001 passed in Sessions Trial No.162/2001, whereby the appellant Smt.Jaita Bai has been convicted under sections 302 and 201 of IPC and sentenced to undergo imprisonment for life and imprisonment of R.I for 5 years respectively and appellant Avinash has been convicted under section 201 of the IPC and sentenced to undergo R.I. for 5 years.

(2.) The prosecution story in brief is that the deceased Shanker Gond was living with appellant Smt. Jaita Bai as husband and wife since 10 years at Itarsi. About 6 - 7 months prior to incident Jaita Bai was working in the hotel of Narendra Kumar (PW-6) where she had developed illicit relations with appellant Avinash who was also working there. When deceased Shanker came to know about the affairs of Jaita Bai and Avinash he objected to it and used to quarrel with Jaita Bai. About two months prior to the incident Jaita Bai ran away with Avinash and lived with him. Two days before the incident she returned home and was again living with deceased Shanker. As per prosecution it is alleged that in the intervening night of 9 and 10 March, 2001 the appellants had committed murder of deceased Shanker Lal by strangulation in his house. Thereafter, they kept the dead body in a metal drum, closed the lid and locked it. Thereafter, they hired the Autorikshaw of Suraj Pal for transporting the drum to Budhni. As per instruction of appellants, Auto driver Suraj Pal and his friend Sunil Jain came to the house of Jaita Bai, where appellants loaded the drum in Autorikshaw and proceeded for Budhni. On the way when they reached near Galla Mandi the fuel of Auto got exhausted and Auto was stopped. Seeing the Auto in suspicious condition, Nepal Singh, Sub Inspector and L.D. Vaishnav, ASI of Police Station, City Kotwali, Itarsi who were on regular patrolling duty, came there and inquired about the drum. The appellant Jaita Bai gave them the key of lock, the drum was opened and the dead body of deceased Shanker Lal was recovered. Thereafter, Nepal Singh and L.D. Vaishnav took the drum in Autorikshaw to Jan Sewa Hospital, where doctor examined the body of Shanker and declared him dead. Appellants were brought to Police Station, City Kotwali, Itarsi where L.D. Vaishnav recorded the Marg intimation (Ex.P/12). Later on, B.S. Markam (PW-12) SHO, conducted the inquest, prepared the panchanama (Ex.P/2) of dead body and sent the body for postmortem. In postmortem it is found that the deceased was killed by strangulation. The police recorded FIR (Ex.P/12) and registered the offence under Sections 302, 201, 34 of IPC against the appellants and initiated the investigation. The spot map was prepared and broken pieces of bangle of Jaita Bai were seized from the spot. The statement of witnesses were recorded and after usual investigation the charge-sheet has been filed before the Court.

(3.) The trial Court has framed charge of offence under Sections 302/34 and 201/34 of IPC. The appellants abjured guilt and pleaded their innocence. The prosecution has examined 12 witnesses whereas the appellants has adduced no evidence in their defence.