JUGLA ALIAS RAMDAS Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant-accused has filed the present appeal being aggrieved by the conviction and sentence under Sections 302 and 201 of the Indian Penal Code for murder of his wife namely Munnibai in between 13th June, 1989. It is not in dispute that the accused-appellant had turned ascetic prior to 5 to 6 years of the incident and used to reside at Chitrakoot and Ayodhya etc. . His wife Munnibai used to reside with her parents. Few months back of the date of incident her father had left Munnibai with the father and brother of the accused-appellant and she was residing at village Kevatra. According to the prosecution case, the accused-appellant came to the village about 1 and 1/2 months prior to the incident and started living with his wife at village Kevatra. From 13-6-89 to 16-6-89 for 3-4 days the accused went-out from village Kevatra and came back on 16-6-89. It was noticed that the accused-appellant's wife Munnibai was missing and a human skeleton was found in a nala, known as Magarvilla near village Kevatra. Nearby the human body one lady sari, bangles, hair and ear rings were found. The forensic science expert Dr. B. S. Badkul examined as PW-6 performed the post mortem on 20th of June, 1989 opined that the decomposed body is of that a woman who must have been in between 25 and 30 years of age, there were fractures caused by hard and blunt object over the parietal jaw region and the death took place in between 7 to 15 days of the examination of the body. According to the prosecution case, the First Information Report (FIR) was lodged by Sunderlal (PW-1) at 7. 10 am on 17th of June, 1989 which was recorded by Sub-Inspector K. K. Paharia (PW-5 ). From Dehati Nalishi Ex. P-1 wherein it was mentioned by Sunderlal that accused-appellant was his younger brother and was residing separately from the complainant prior to 7 days accused-appellant along with his wife and children had gone to his in-law's house to village Chukahta and came back along with his wife next day and left the children at in-law's house. On Tuesday the accused went out along with his wife took lathi and sickle (hansia) with him but did not return back. The complainant thought that the accused-appellant may have gone to his in-law's place. Yet another person of the village namely Chhota Kevat is married to the elder sister-in-law of the accused. Chhota came back on 16th of June, 1989 at 11. 00a. m. and informed the complainant that the accused Jugla and his wife Munnibai did not reach village Chukahta. On the same day at about 12. 00 a. m. Jugla came back to the house then an inquiry was made by Harchatva (PW-3) S/o Chhota Kevat but the accused did not disclose the whereabouts of his wife. Several persons of the village came but accused ran away and was caught at Mahatpurva, even then he did not disclose the whereabouts of Munnibai i. e. , his wife. Thereafter complainant and Chhota Kevat went to village Kevatra and Hatoha and called the villagers. Ram Asre (PW-2) was also called, who rebuked the accused and asked the whereabouts of Munnibai then accused asked him to take him to Police Station Chandla and he would disclose at the Police Station. Ram Asre and others had caught his hand and Ram Asre again rebuked and asked about his wife then accused-appellant disclosed that he had killed his wife by Baku and Lathi and thrown her in Magarvilla Nala. The accused was caught hold taken to Magarvilla Nala then a human body was found and green colour Sari was found and bangles were also found near the dead body. It is also the prosecution case that Munnibai had administered poison prior to 4 years to the accused at her parental house due to that incident the accused had turned ascetic and was not residing with his wife and due to this enmity he has killed Munnibai.

(2.) ON the basis of the information furnished by Sunderlal (PW-1) an offence was registered at 0/89 under Sections 302 and 201 of the IPC, thereafter at PS Chandla at crime No. 28/89 the offence was registered on the basis of said Dehati Nalish. Sub-Inspector K. K. Paharia seized the dead body, lathi, green colour sari, bangles, hair etc. . Learned Magistrate committed the case on 22-8-1989 to the Court of Sessions for trial.

(3.) IN all the prosecution has examined six witnesses Sunderlal (PW-1) who is brother of the accused-appellant, Ram Asre (PW-2) to whom the extra judicial confession is said to have been made. Harchatva (PW-3) S/o Chhota Kevat, whose wife was sister of the deceased Munnibai, Kedar Prasad Nigam (PW-4), Patwari who prepared the spot map (Ex. P-2), K. K. Paharia (PW-5) Sub-Inspector of PS Chandla and Dr. B. S. Badkul (PW-6) who performed the autopsy. The accused had abjured the guilt and stated under Section 313 Cr. P. C. that he has been falsely implicated, poison was not administered by his wife to him. They were having no ill-will, he had turned ascetic on his own. He has retracted the extra judicial confession made to the villagers and stated that he made it to the Police that he was informed by the villagers that dead body of his wife was lying at Magarvilla Nala and you have killed her. He could not identify the sari of the deceased. He further stated in the defence that he has not killed his wife, he had gone to Chitrakoot and had left his wife at the residence and when he came back after three days, he did not find his wife in the house. The villagers enquired where he had gone then he replied that he had come back from Chitrakut and was going to Ayodhya. They asked the whereabouts of his wife, he told that he was not aware. Ram Asre came and all of them Caught hold of him, took to the place where one human skeleton was lying and they told that you have killed your wife, speak correctly otherwise you will be killed. He stated that he has not killed his wife and if he had to be killed then he would say whatever the villagers want but he should be spared. Then he was taken to the Police check-post and was asked to speak to Police that it was he who has murdered his wife. Due to this fear of death he stated that he has killed his wife.