GUMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The two accused/appellants have been convicted u/s. 379 IPC and sentenced to one and a half years rigorous imprisonment each. It is significant to notice that the accused/appellants were charged with having committed an offence u/s. 302 IPC only. The statement is significant because a major part of the arguments at the Bar was directed towards a legal controversy generated by the charge as framed.

(2.) The prosecution case is that Ramdas, the deceased, was engaged in cattle trade. On 29-1-85, he purchased two oxen from Raghuraj Singh (P.W. 5). Yet, another ox was sold by him to Ramdu (P.W. 10) but was returned to him as found unserviceable. With these three oxen Ramdas made a night-halt at the farm of the accused Guman. Thereafter, Ramdas disappeared and could not be found.

(3.) The prosecution case enters the second phase when on 10-3-85 Jeewan Kotwar (P.W. 1) found a few human bones lying scattered near the field of Ramsewak Gupta. He promptly informed P.S. Indergarh by lodging information Ex.P/1. A few bones, pieces of clothes and pair of shoes were seized from the spot. The human bones were found by expert examiner to be of one human male. The cause of death of the deceased, whose bones were seized, and whether any injuries were caused to him, could not be found out. The pieces of burnt clothes and shoes found at the spot were identified by the family members and others to be belonging to Ramdas and thus factum of his death was confirmed. On 24-3-85, the two accused were arrested vide Ex.P/7. On the same day, the accused Matadin gave an information that an ox and an axe were respectively tied and lying concealed in his house. The memo, Ex.P/8, was drawn up in the presence of Munnalal (P.W. 6) and Pooran by I.B. Singh Bhadoriya, Sub-Inspector of Police (P.W. 17). Consequential recovery was effected on the same day vide memo Ex. P/12. Similarly, accused Guman gave an information vide memo Ex. P/9 to I.B. Singh Bhadoria in the presence of Munnalal (P.W. 6) and Pooran to the effect that two oxen were tied at his house and a lathi was also lying concealed at his house. Consequential recovery was effected on the same day vide memo Ex. P/13.