PUSLYA Vs. STATE OF M P

JUDGEMENT

(1.) The appeal is directed against judgment and order dated 28-4-1993 passed by Second Additional Sessions Judge, Khargone in S. T. No. 420/92 whereby the accused appellant has been convicted under Section 302, I.P.C. for having committed murder of his own wife Jhinglibai in a lonely place between villages Dholbodra and Dholpajya and under Section 201, I.P.C. for causing disappearance of evidence by cremating the body of his wife for screening the offender; and sentenced to imprisonment for life and R.I. for five years respectively. Both the sentences are directed to run concurrently.

(2.) Prosecution story in brief is that deceased Jhinglibai was the wife of the accused. There were some differences between them and, therefore, she had gone to her brothers house and was living with him. Accused suspected fidelity of his wife and went to the residence of his brother-in-law Gorelal (P.W. 10) and brought her back, on 25-9-1992.

(3.) It is alleged that he caused injuries to Jhinglibai who died in consequence thereof. He cremated the body by putting inside a pit and thrown mud and earth over it. Accused informed Totaram (P.W. 5) that he was bringing back his wife who died on way and, therefore, he has cremated the body.