BABULAL ALIAS BABBU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE accused have come in the appeal assailing legality of their conviction under Sections 302/34 and 201 of the IPC and sentence to undergo imprisonment for life and seven years rigorous imprisonment respectively for committing the murder of Janak bai, wife of accused Babulal.

(2.) THE prosecution case, in brief, is that on 25. 6. 1991 premlal, cousin of accused, lodged report at Police Station, shahnagar at merg No. 12/91. It is mentioned in merg intimation report that at about 15:30 hours, he had gone to panchayat held with respect to the land situated at Urmalian tola convened by Jagdish and Rajaram. When he was attending the Panchayat, he was informed by Om Prakash that wife of his brother Babulal had died due to fire. He reached in the house and found Janak Bai dead. She was having stomach pain. Investigation was initiated on the basis of merg intimation report. Sub-Inspector D. P. Pandey reached the spot and prepared spot map (Ex. P/2 ). Statement of witnesses were recorded. Inquest memo (Ex. P/3) of dead body was prepared. On 26. 6. 1991, semi burnt clothes of the deceased and ashes of rope of the cot were seized as per seizure memo (Ex. P/4 ). Spot map (Ex. P/8) was prepared by patwari. The accused was arrested on 15. 7. 1991. Information memos Exs. P/9 and P/10 were prepared. On the basis of information furnished by accused Babulal, one nylon rope was seized as per seizure memo (Ex. P/12 ). One matchbox was seized at the instance of accused Hakki @ ramkishore as per seizure memo (Ex. P/11 ). Autopsy report (Ex. P/20) was submitted by Dr. M. L. Choudhary (PW-13 ). After investigation, the accused persons were charge sheeted.

(3.) THE accused persons abjured the guilt and contended that they have been falsely implicated in the case. Prosecution examined 17 witnesses. One witness i. e. Baldev prasad (DW-1) has been examined in defence. The trial court has convicted the accused persons for commission of offence under Sections 302/34 and 201 of the IPC. Being aggrieved by the impugned judgment the appellants have preferred the instant appeal.