RAJESH @ RAJA Vs. TATE OF M.P.

JUDGEMENT

(1.) The present appeal has been filed under Section 374 of Cr.P.C., against the judgment dt.4.8.2007, passed by the Addl. Sessions Judge, Narsinghgarh, District Rajgarh (Biaora), in Sessions Trial No.62/2006, by which the appellant has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.1000/- and also convicted under Section 392 read with Section 397 of IPC and sentenced to undergo 10 years RI with fine of Rs.1000/-. In default of payment of fine 1 year additional S.I. on each count. Both the sentence have been directed to run concurrently.

(2.) As per prosecution story, on 14.5.2006 at about 8.00 PM, Jagdish son of Devchandra, resident of Gram Biral Khedi gave information in the police station Ekrela that Laxmibai (the deceased) wife of Sita Ram Harijan, went for grazing her goats and she is found dead in forest of Kundiwale. There is an incised wound on her neck and her legs cut from ankle are also lying there. He received this information by Bhuria Harijan. The aforesaid information disclosing commission of crime was registered under Section 302 , IPC under crime no.122/06, against unknown person. Dehati murg was also registered and the police reached to the scene of crime and found the dead body of the deceased (Laxmibai) lying and her son was also there sleeping over her upper body . Some articles like steel glass, sleepers, shoes of a child were also lying there. The dead body panchnama was prepared. The FSL and finger prints experts were summoned.

(3.) After investigation, it was found that the deceased Laxmibai went to the forest with her child for grazing her goats. Near about 5.00 PM, Pawan (PW6) and Savitri @ Bhuribai (PW8), (both are minors) saw her sitting with the present appellant, thereafter, they returned to the village. In the evening near about 6.00 to 7.00 PM, Pawan heard noise that goats of the deceased have been returned to the village, but she did not come back then, local villagers namely Radheysham, Inder Singh, Ghudilal went to the Kundiwala forest to search her and they found the dead body of the deceased with amputated legs. There was no silver anklet, which she used to wear on her legs. She was last seen alive with accused near about 5.00 PM thereafter, no one saw her alive. On the basis of suspicion, the accused was interrogated. He admitted that he slayed the deceased Laxmibai, for silver anklet, which he has kept below the stone in the forest. He has also disclosed that one axe has also been concealed in shrubbery. Both the articles were recovered in the presence of witnesses. The blood stains were found over the axe. The clothes, which the accused was wearing at the time of committing the crime were recovered from his house in which very faint blood stains were there. All the articles were sent to the FSL Laboratory Rau.