BALI BALMIKI Vs. STATE OF M P

JUDGEMENT

(1.) The appellants Bali alias Balmiki and Ramdas, both sons of Moujilal Gauli have preferred this appeal against the judgment dated 7/1/1984, in S.T. No. 58/83 of the Court of Shri M.A. Khan, A.S.J. Betul. Both the appellants have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. The third co-accusedRaghunath has been acquitted by the Trial Court.

(2.) It is common ground that the appellants are real brothers. The co-accused Raghunath is their nephew. Both the appellants reside in the village Kodaroti in the same house. The co-accused Raghunath also reside in the same village, but in a different house. Kamjilal (deceased), who resided in a neighbouring village hamlapur, had two daughters. One of them is married to P.W.12 Ramprasad; the other daughter Dhannobai, prior to 8 or 10 years before the occurrence, was married to the appellant Ramdas. Their marital life was not happy, Dhannobai initiated maintenance proceedings under Section 125 of the Criminal Procedure Code, and on 17/8/1982, was awarded Rs. 100.00 as maintenance (Ex.P. 48). The appellant Ramdas, in the year 1980, had filed a petition for divorce in the Court of D.J. Betul which was decreed on 15-0-82. But there too, the Court awarded maintenance under Section 25 of the Hindu marriage Act@ Rs. 50/-(Ex.p.49) Pausing here, we may mention that the date of decree is relevant because the alleged incident of murder is said to have occurred on the next day i.e. 16/9/1982.

(3.) According to the prosecution, Kamjilal (deceased) had a grand-daughter, called, P.W.3-Asha, then aged 21/2 year (daughter of P.W. 12 Ramprasad) who mostly lived with grand-father and used to call him as Daji. Sometime, late in the afternoon on 16/9/1982, Kamjilal with the child Asha, left village Kodaroti for village Hamlapur, but at about 8 p.m. P.W.12 Ram Prasad found his daughter Asha crying outside the house and she stated that someone had assaulted Dada who is lying; but she did not coherently narrate the incident. P.W.12 Ramprasad apprised the village Kotwar who advised him to visit hamlapur for verification. Accordingly, P.W.12 Ramprasad, with his elder brother P.W.1 shiv and Mangal Kotwar, went to Kodaroti village and found that he kamkilal has not returned. Then P.W.12 Ram Prasad went to P.S. Betul. His report about the missing person (Ex.P.1) was recorded at 3.55 a.m. on 17/9/1982 by P.W.15 Shiv Pratap Singh, A.S.I. who suspected some incident of Marpeet, deputed a constable for inquiry. P.W.19 Shri Rana, A.S.I. visited the village Kodaroti at about 10 a.m. on 17/9/1982 and made some enquiries. On getting some clues about litigation with Ramdas was not available and therefore, P.W.19 Shir Rana interrogated first the appellant Bali. But mean while, the appellant Ramdas had also arrived, Raghunath (coaccused) who had gone for grazing the cattle was also sent for.