CHHUTTAN KORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed on 16.01.2008 under Section 374 (2) of Cr.P.C. against the judgment dated 18.12.2007 passed by the Sessions Judge, Raisen in Sessions Trial No.49/2007. By the impugned judgment, the learned lower Court convicted appellant for the offence under section 302 (double count) of IPC and sentenced to life imprisonment with a fine of Rs.1000/- for each with default stipulation.

(2.) As per prosecution case, Kala Bai (PW-4) is the wife of accused. They were married about 19 years back. Two sons namely Dinesh and Nilesh were born out of their wedlock. The accused was having some doubt upon the character of his wife Kala Bai, therefore, they used to quarrel with each other. Because of frequent quarrel, Kala Bai started living separately in Village Udaypura, whereas the appellant was residing in the Village Noniabareli. Sometimes the appellant used to take both the children for few days. The accused brought his children to his home 4 to 5 days back from the date of incident i.e. 30.05.2004. On 25.05.2004 Kala Bai went to the house of the appellant for taking the children back. At that time, the accused asked her to come in the morning. On the next day i.e. 26.05.2004 when Kala Bai went to the house of the appellant, she found that the house was locked. Bateshi Bai mother of Kala Bai who was residing in the neighbourhood of the appellant, noticed on 30.05.2004 that foul smell is coming out from the house of appellant. Bateshi Bai pushed the door and went inside the house where she found that the dead bodies of both children covered by Rajai. She informed Chokidar Meharban Singh who lodged the FIR to the police.

(3.) Ganesh Prasad Tiwari(PW-10) registered the Marg No. 23/2004 Ex. P-1 and Ex. P-14 Marg No. 24/2004. Upon the information given by the Chokidar, he reached on the spot and prepared spot map Ex. P-2. Thereafter, he issued the notices Ex. P-3 and P-4 to the witnesses. In the presence of witnesses, he prepared the inquest Panchnama Ex. P-5 and P-6. Thereafter, dead bodies were sent for postmortem with the applications Ex. P-15 and P-16. Dr. K.K. Silvat(PW-8) conducted the postmortem and gave postmortem reports Ex. P-11 and P-12 and the detailed Postmortem reports Ex P-9 and P-10.