SITARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These two appeals have been filed against a common judgment dated 14/01/2009 passed in Sessions Trial No. 15/2006. Criminal Appeal No. 171/2009 has been filed by accused-Sitaram and Criminal Appeal No. 285/2009 has been filed by accused-Prahlad Singh, husband of the deceased. Both these appeals are being decided by this common order.

(2.) Prosecution story in brief, is that the deceased was wife of appellant-Prahlad. Accused Prahlad Singh used to torture the decease when she was living with her in-laws, appellant married with another lady Sunita Bai, sister of accused-Sitaram. Inspite of the fact that appellant had performed second marriage, family members of the deceased sent the deceased to the house of appellant two to three months before the incident on the basis of compromise. It is alleged that appellant had killed the deceased and buried the dead body in the field of another accused Sitaram. Dead body was taken on motor bike. Appellant-Prahlad lodged missing person report at the police station. At the instance of appellant-Prahlad, dead body of the deceased was recovered after five days of the incident. The police registered FIR and on the interrogation of the appellant, spade and other articles were seized. AppellantPrahlad was arrested. After investigation charge-sheet was filed against three accused persons. They abjured their guilt during trial and pleaded innocence. Trial court convicted appellantPrahlad for commission of offence punishable under Sections 302 and 201 of IPC and awarded sentence for life and R.I. for three years, appellant- Sitaram was convicted for commission of offence punishable under Section 201 of IPC and awarded sentence for RI three years and accused Gopichand has been acquitted from the offence.

(3.) Learned counsel appearing on behalf of appellant-Prahlad has submitted that conviction of appellant is based on circumstantial evidence. Chain of circumstances is not complete. The memorandum of appellant is not reliable and the statement which was given by him to the police is also not reliable.