ANKIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent of the parties, heard finally.

(2.) The prosecution case in brief is that on 8.2.2013, the complainant Deepak left home at about 7:00 in the morning for Khargone for his Labour work leaving behind his wife Manjubai and two children. When he returned at about 7:00 in the evening, his son Neeraj informed him that his mother (wife of the complainant Deepak) had gone to the field at about 11:00 am for taking Chaff but has not returned till that time. Deepak revealed this fact before his brother Hemraj and father Channulal and went to search with Hemraj and Nephew Ankit towards the field. They noticed a bundle of firewood and slippers of Manjubai in a Nullah. When proceeded ahead, they also found dead body of Manjubai near the boundary of the field of Mangat Patidar (covered with grass). He asked Ankit to call the villagers, who came with the torch. By the time, the police also reached on the spot. The police, called the witnesses by issuing notice (Ex P-2), prepared Merg Ex.P-1, prepared memo of corpse (Ex P-3), Spot Map (Ex P-4), sent the dead body for post mortem with requisition (Ex P-19), obtained short P.M. report (EX P21) and detailed P.M report (Ex P-20) and handed over the dead body to the husband of the deceased vide receipt (Ex-P-6).

(3.) The police further investigated the case, inspected the spot and recovered few pieces of broken bangles, a pair of lady's slipper, a gold pendant, a plastic hair clip, plain and blood stained soil, plain and blood stained grass, a triangle stone having blood stains vide (ExP-5), clicked photographs of the dead body, came back at the police station and registered FIR No.27/13 (ExP-23). Further, the police recorded statement of Deepak and Hemraj under Section 161 of the Cr.P.C, arrested the appellant vide memo (Ex.P-9), recovered the Shirt and Muffler on disclosure of Ankit (Ex-P-10 and Ex-P-13), seized bundle of firewood and stone (Ex-P-14 and Ex-P15) and sent all the seized articles along with clothes of the deceased received from Hospital for chemical examinatin to the FSL, who submitted report Exs-P27,30 and 32. After completing the investigation, the police filed the charge sheet.