NEHRU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT, being aggrieved by the judgment dated 03. 10. 2000 passed by the Special Judge and Addl. Sessions Judge, Shahdol in s. T. No. 161/97 convicting him under Section 302 of the IPC with sentence of life imprisonment and fine of Rs. 20,000/-, in default of payment of fine, further R. I for one year, has filed this appeal.

(2.) IT is undisputed fact in the matter that deceased Sukrati Bai was the second wife of Dhobi Singh while the appellant Nehru Singh is the son from the first wife of Dhobi Singh who died 3-4 years prior to the date of incident. In the family property there was separate shares of sukarti Bai and Nehru Singh. Sukarti Bai had agricultural field known in the name of Tilwanhar field, which, she had given for cultivation to one Pusua on sharing basis. Sukarti Bai died unnatural death on 10. 4. 96 and her dead body was found lying in the culvert near the aforesaid field. The dead body was seen by one Manna Singh who informed the same to the villagers, on which, Khalkiya (P. W. 1), suhablal (P. W. 2), Budhsen (P. W. 6) and Set Singh (P. W. 8) went to such place and saw the dead body of Sukarti Bai. It is also undisputed fact that deceased Sukarti Bai was residing with his brother Khalkiya (P. W. 1 ).

(3.) APART from the aforesaid undisputed facts, the prosecution story in short is that on 10. 4. 96, deceased Sukarti Bai went to her Tilwanhar field for taking her share of Red Gram Crops from Pusua. When she did not return upto the night then her brother Khalkiya went for her search. He came to know from Suhablal that Sukarti Bai was taken by nehru Singh at his home. On such information, he accompanied with suhablal and Phool Singh went to the home of Nehru Singh and on asking from Nehru Singh, he told them that she had gone to village bartola. Thereafter, they along with Nehru Singh came back to the home of Suhablal, where, after leaving Nehru Singh, Khalkiya went to village Bartola for verifying the aforesaid fact. Sukarti Bai was not found in such village also then Khalkiya along with Phool Singh came back to the residence of Suhablal. By that time appellant Nehru Singh fled away from the residence of Suhablal. Khalkiya and Phool Singh stayed there in the night and in the morning i. e. 11. 4. 96, Khalkiya along with Set Singh, Ex Sarpanch of the village, went to the police station karan Pathar and lodged the missing person report contending that his younger sister Sukarti Bai w/o Dhobi Singh was residing with him. She did not had any issue while her husband had one son, namely, nehru Singh from his first wife. Sukarti Bai was living separately from nehru Singh. The land was partitioned in three shares, out of which, one part was given to Sukarti Bai but Nehru Singh had not given recognition to such family partition and was not permitting her to cultivate such land, however, some of the land of her possession was being cultivated by other on her behalf on sharing basis. In the aforesaid field, Red Gram Crop was sown. As per further averments, yesterday on 10. 4. 96, after taking meal, she went to the field to collect her share of the crop from Pusua. When she did not return in the night then he went to search her. On the way, he asked from Bhaiyalal and his son Suhablal about Sukarti Bai then Suhablal told him that Nehru singh was misbehaving with Bahan (nic name of the deceased) and also beating her by means of stick, kicks and fists and was forcibly taking her to his residence, on which, he along with Phool Singh and Suhab singh went to the residence of Nehru Singh. On asking regarding sukarti Bai, he told that, after refreshing herself near Jhiriya, she had gone saying that she is going to village Bartola. Thereafter, Khalkiya brought Nehru Singh at the residence of Bhaiyalal and call the sarpanch and handed over custody of Nehru Singh to him. Thereafter again he went to search Sukarti Bai but could not found her. On returning the home of Bhaiyalal, he found that Nehru Singh had fled away, on which, the missing person report was given to the police. The same was written in the Rojnamcha Sanha No. 290 at 12. 10 on 11. 4. 96 and to search the missing person, SHO of Police Station Karan Pathar, came to village Barajh, where Khalkiya informed him that the dead body of deceased Sukarti Bai was lying in the culvert near field, on which, the inquest intimation (Ex. P/20) and Dehati Nalishi (Ex. P/19)were drawn by him. After calling the witnesses and preparing the inquest panchnama (Ex. P/4) the dead body was sent to hospital for autopsy. The spot-map was also prepared. Clothes and two stones lying on the dead body, the earth stained and simple along with some other articles were seized for which different panchnamas were prepared. The marg and FIR was registered at the Police Station. After investigation, on establishing the offence, appellant was charge-sheeted under section 302 and 201 of IPC while one other accused Phool Singh (since acquitted) was charge sheeted under Section 201 of the IPC.