CHHOTELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an appeal by the accused challenging his conviction under Section 302 of the Indian Penal Code and sentence of imprisonment for life, for having committed the murder of Dojabai, his wife on the night intervening between 14-1-1972 and 15-1-1972 at Kymori hill, awarded by the First Additional Sessions Judge, Jabalpur. vide his judgment dated 27th Nov. 1972, in Sessions Trial No. 75 of 1972.

(2.) THE accused is the resident of village Majhagawan, police-station Katangi. At the relevant time he was residing at Moharghat of the river Hiran which falls in the village Barpata, in a hut along with his wife, the deceased. The accused had no Issue. The in-laws of the accused belong to the village Patan.

(3.) IT was alleged by the prosecution that Chetsingh (P. W. 1) used to visit frequently the hut. He also used to visit the deceased at the hut during the absence of the accused. He had developed illicit connection with the deceased. Two days before the fateful day when the accused returned from the river Hiran to his hut, he found Chetsingh (P. W. 1) in his hut in the company of his wife. He was annoyed at this and warned Chetsingh (P. W. 1) not to visit his hut during his absence. On the midnight of 12-1-1972, as a result of conspiracy between the deceased and Chetsingh (P. W. 1), the deceased with her bag and baggage left the hut. During the night, when the accused got up and did not find her at first he thought that she must have gone to answer the nature's call, but when she did not return till after the sun-rise, he started for her search. In the course of his search he also met Chetsingh (P. W. 1); but Chetsingh (P. W. 1) who had kept the deceased concealed in his house, did not disclose anything about the whereabouts of the deceased to the accused. On the contrary, stating his ignorance, he gave his cycle to the accused to facilitate his travel in search of the deceased. On 14-1-1972, at about 8. 00 p, m. in the course of his search when the accused; happened to meet the deceased accompanied by Chetsingh (P. W. 1) at a nala near the village Barpata, he slapped her and took her away to leave her at her parents' place at Patan and while leaving he had threatened Chetsingh (P. W. 1) that he would see him after his return from Patan. When the accused was so proceeding towards Patan he took the deceased to the Kymori hill; dealt a severe lathi blow on her chest consequent to which she fell down unconscious and then the accused throttled her to death. Thereafter, the accused with the intention of causing disappearance of evidence of the offence, lifted the dead body; set fire to it on the cart way and ran away to his hut, where he put off his blood stained clothes, tore them to pieces out of which some pieces he, concealed in the hut and rest were burnt.