LAWS(MPH)-1989-8-46

STATE OF MADHYA PRADESH Vs. HOSHIYARSINGH

Decided On August 16, 1989
STATE OF MADHYA PRADESH Appellant
V/S
HOSHIYARSINGH Respondents

JUDGEMENT

(1.) Aggrieved by the judgement dated 31-7-1986, passed by the 5th Additional Sessions Judge, Ujjain, in Session Trial No. 116 of 1986, acquitting the respondent of the charge under Section 302 of the Indian Penal code the state has filed this appeal. One Shri Vishwanath Barve, Deputy Superintendent of Police at present posted as Dy. S.P., Indore Area Superintendent, Special Branch, Indore, has filed an application under Section 482 Criminal Procedure Code for expunging the remarks made against him by the trial Court.

(2.) Facts leading to this appeal and the application under Section 482 Criminal Procedure Code are that the respondent Hoshiyarsingh was married to the deceased Shantirani in the year 1953 and she continued to remain as the wife till her death in the city of Ujjain in the Freegunj locality. One building known as Chhabra Lodge belongs to the respondent. This is a three storied building with a terrace over that. It is also covered by the parapet wall of the height of 2 feet. One Surendrapalsingh was also residing as a tenant in that house. Mahendrasingh and Mastansingh are the sons of the deceased and the respondent. The height of the building is 30 feet. The prosecution witnesses Gurubachansing (P.W. 1) and Khushalsingh (P.W. 5) are the brothers of the deceased Shantirani and the prosecution witness Inder Kaur (P.W. 15) is the sister-in-law and wife of Khushalsingh (P.W. 5). They also reside in Ujjain. On 24-2-1986, Smt. Shantirani died due to fall from the terrace of Chhabra Lodge. As a result of the fall, her bones were fractured and she was immediately rushed to the District Hospital, Ujjain and in the interventing night of 24th and 25th February 1986, she succumbed to the injuries. After the death, her dead body was handed over to her sons - Mahendrasingh and Mastansingh and on the next day at 11-30 a.m. cremation was held. The respondent was not present at the time of the cremation. Even after 3 days of her death, the respondent was not present at the ceremony of picking up the mortal remains of the dead body. On 23-2-1986, the accused was in Ujjain to attend the Shanti Path of his mother. For the last many years, the accused-respondent was residing in village Mandana, district Kota, Rajasthan and one Rani was his concubine. The respondent also opened a Savings Bank Account in the Bank in the joint names of himself and Rani. He also transferred an amount of Rs. 5000/- on 25-2-1986 in the joint account from his account. The accused-respondent was arrested on 5-4-1986 for committing the murder of his wife.

(3.) According to the prosecution story, the accused and the deceased lived happily as husband and wife for seven years and thereafter their relations became strained. The accused kept one Sita in village Hardosan as his concubine, as a result of which the relations become strained. Thereafter the accused kept or Ayodhyabai as his concubine. The accused was involved with Ayodhyabai so much that he wanted to keep her in the house but Shantirani was not agreed to this, whereupon that relations with Shantirani became very strained. At that time the accused beat Shantirani and threatened her to throw down. On 23-2-1966, the accused was in Ujjain to attend the death anniversary of his mother. On 24-2-1986 at about 11 p.m. there was a bitter quarrel between the husband and wife and as a result of which th accused threw Shantirani from the roof top to the ground due to which Shantirani received bone injuries and later on she succumbed to injuries in the hospital. Thereafter the accused fled away from Ujjain and did not attend any of the rites of Shantirani. The Police did not get the post mortem examination performed and handed over the dead body to the sons of the deceased. On a report lodged on 1-3-1986 in writing, an offence was registered against the accused and after investigation charge sheet was submitted in the Court. The accused was charged for committing an offence under Section 302 of the Indian Penal Code. He abjured the guilt and claimed trial. His plea was that of innocence.