Param Singh vs State Of Madhya Pradesh

Appellant has filed this appeal against the judgment dated 28.11.2008, passed in S.T. No.118/2006. Appellant was prosecuted for commission of

offence punishable under Section 302 of IPC. Trial Court held appellant guilty for commission of offence and awarded sentence.

Prosecution story in brief is that the deceased was Keep of the appellant. Their relationship was not cordial, there was quarrel between them.Â

Appellant used to beat the deceased after drinking liquor. The deceased came to the house of the appellant two days before the incident on

27.5.2006. There was quarrel between the deceased and the appellant. On the next day morning i. e. on 28.6.2006 the appellant and the

deceased both left the house at around 4.00 o'clock in the morning at nearby forest to fetch some fire wood for cooking the food. The daughter of

the deceased was at the house. She witnessed that they left the house together. Thereafter, in the morning appellant told Ex-Sarpanch that he

had killed the deceased. Ex-Sarpanch informed the police on phone. The brother of the appellant lodged the FIR at the police station. Police

conducted investigation and filed charge sheet. Appellant abjured his guilt during trial. Trial Court convicted the appellant and awarded sentence

of life with fine of Rs.1,000/-.

Conviction of the appellant is based on circumstantial evidence and last seen.

Ku. Budhwari Bai P. W.18 is the daughter of the deceased. She deposed that at around 4.00-4.30 O'clock in the morning the deceased my mother

and appellant both had gone to nearby forest to take fire wood for the purpose of cooking food, I was at my house. At about 10.00 o'clock my uncle

came in the house and inquired about father and mother, I told that they had left the house in the morning. Thereafter, again my uncle came there

and he told me that my mother lying dead near the filed of Idal. I went at the place of incident and noticed that my mother was lying dead. Her dead

body was covered by a bed sheet of brown colour. My mother was working in a nearby Sugar Mill. She did not give money to my father. He

used to quarrel with my mother.

Ratan Singh P. W. 14 is another witness. He deposed that when I was returning back from my filed at around 4.00 o'clock in the morning I had

heard cry. Thereafter, I came to know that Jijiya Bai was died. I went at the place where she was lying dead.

Tulsiram Dhoomketi P. W. 12 Ex-MLA of the area is another witness, he deposed that Param Singh came to my house. He told me that my

wife is dead. His body was lying at field and I covered dead body by bed sheet. He told me that villagers bent to beat me and asked for help. I

advised him to go to police station for his safety. Thereafter, I informed the police on phone. It is a fact that the deceased was died and

villagers were bent upon to beat the appellant. Dead body was recovered. Police seized underwear which the appellant was wearing and on that

underwear blood stains were found.

Dr. Laxman Singh Uikey P. W.17 performed postmortem of the deceased. He deposed that I noticed following injuries on the body of the person

of the deceased:Â

^^1- uhyxks fu'kku vkdkj 7x4 lsaVhehVj dk dksguh ck;sa rjQ

2- uhyxks fu'kku vkdkj 6½x4-5 FkksM+h ds nka;s rjQ

3- uhyxks fu'kku 15x7 lsaVhehVj Nkrh dh ckabZ vksj Ã…ijh Hkkx ij

4- uhyxks fu'kku vkdkj 6x2 lsaVhehVj Nkrh dh ckabZ vksj ckgjh Hkkx ij

5- uhyxks fu'kku vkdkj 4x2 lsaVhehVj pgs js esa ckabZ rjQ

6- uhyxks fu'kku 8x6 lsaVhehVj Nkrh ds nkfgus rjQ Ã…ijh Hkkx ij

7- uhyxks fu'kku [kjksap ds lkFk vkdkj 7½x3 lsaVhehVj nkfgus Hkqtk ij

8- [kjksap vkdkj 1x½ lsaVhehVj nkfgus Lru ds Åijh Hkkx ij

9- [kjksap 2x2½ lsaVhehVj nkfgus dksguh ds x10- [kjksap 2½x2 lsaVhehVj cka;s dksguh ds ckgjh rjQ

11- [kjksap vkdkj 1x½ lsaVh ehVj cka;s gkFk dh dykbZ ds e/; esa

12- [kjkasp 5x½ lsaVh ehVj nkfgus tka?k ds e/; esa lkeus dh vksj

13- [kjksp ¼x ¼ lsaVhehVj nkfgus tka?k esa fupys fgLls ij

14- [kjksap 1x ¼ lsaVhehVj nkfgus tka?k ds Åijh Hkkx esaA

15- [kjksp 5x1 lsaVhehVj ck;as gkFk dh dykbZ esaA

16- [kjksp 3x2½ lsaVhehVj cka;s dksguh ijA

17- [kjksp 5x3 lsaVhehVj cka;s dksguh ijA

18- [kjksp 7x4 lsaVhehVj nkfgus tka?k ds ckgj ds fgLls ijA

19- [kjksap 9x3½ lsaVhehVj nkfgu iSj ds e/; esa lkeus dh vksjA

20- [kjksp 1½x1 lsaVhehVj cka;s iSj esa ?kqVus ds uhpsA

21- [kjksap 5x3 lsaVhehVj nkfgu iSj dh fiMyh esaA

22- [kjksp 7x3 lsaVhehVj nkfgus rjQ Nkrh esa Lru ds uhpsA

23- [kjksp 4x2 lsaVhehVj Nkrh ds e/; esa [kkus dh FkSyh ds Ã…ijA

24- [kjksap la[;k 2 izR;sd dk vkdkj 1x ¼ lsaVhehVj tks fd Nkrh vkSj xys ds tksM+ ij

25- [kjksp la[;k 2 izR;sd dk vkdkj 1x ¼ lsaVh ehVj xys ds e/; esa nkfguh rjQ pksV dzekad 1 ls 25 dM+s ,oa cksFkys oLrq }kjk igqpkbZ x;h Fkh tks

fd yky Hkwjs jax ds pksV dza 24 ,oa 25 uk[kwuksa ds fu'kku FksA lHkh pksVs ijh{k.k ds iwoZ 36 ls 48 ?k.Vs dh FkhA^^

He further deposed that there was fracture of bone of neck and there was also a fracture of lower part of the jaw. There was fracture of ribs

also. The deceased was died due to strangulation. The injuries were antemortem in nature.

Bhagsingh P. W.1 deposed that he lodged the report Ex. P.2 at the police station.

D. S. Dhurve P. W. 15 and B. K. Bavariya P. W.16 both had conducted investigation. P. W.15 deposed that I registered Merg, which is Ex.P.1

and thereafter inspected the spot. I also seized plain and red earth from the spot by seizure memo Ex.P.6. Clothes of the deceased were also

seized. P. W.16 deposed that I sized Baniyan and underwear, which the appellant was wearing vide memo Ex.P.13. Seized articles were send to

FSL. As per FSL report Ex.P.34 blood stains were found on the aforesaid articles.

There is evidence of daughter of the appellant. She hadseen the appellant along with the deceased leaving house in the morning. There is also

evidence of another witness who heard cry of lady. Dead body of the deceased was covered by bed sheet which was used by the appellant and

deceased. P. W.12 specifically deposed that appellant had come to him in the morning and informed him that his wife was dead and he had covered

dead body of the deceased by bed sheet. Aforesaid evidence proved the fact that appellant was last seen with the deceased soon before her death

and he had knowledge about death of the deceased. Apart from this, P. W.12 also deposed that appellant told him that villagers were bent upon to

beat him and he informed the police. Up to certain point he turned hostile. However, from the evidence of P.W.12, this fact has been proved that role

of the appellant was suspicious. There is no explanation that why the appellant had not lodged any report at the police station when he had

knowledge about death of the deceased and the deceased was his wife. Blood stains were found on baniyan and underwear of the appellant.

In view of aforesaid evidence on record, the trial Court has rightly held appellant guilty for commission of offence and awarded proper

sentence. We do not find any merit in this appeal. It is hereby dismissed.