GWALINBAI Vs. STATE OF M P

JUDGEMENT

(1.) By the impugned judgment, appellant Gwalinbai has been held guilty of causing murder of his mother-in-law Bijhobai on or about 30th December, 1983 in a jungle at a distance of about two kilometers from their residence. She has been sentenced to imprisonment for life.

(2.) There can be no doubt that Bijhobai is dead. Evidence of Dr. M.C. Jain (P.W. 11) who conducted the post mortem examination on the body of the deceased and has submitted his post mortem report Ex. P-B- A clinches the issue that Bijhobai died a homicidal death as a result of injuries sustained by her and which injuries could be caused by a weapon like Tangiya. In fact, this part of the finding reached by the learned Sessions Judge who tried the appellant, has not been challenged on behalf of the appellant.

(3.) The prosecution rested its case only upon circumstantial evidence, there being no eye witness to the incident. Those circumstances found by the trial Court are: