- (1.)This appeal by the convicted accused is directed against the judgment dated 11.10.2006 of the High Court of Madhya Pradesh whereby it upheld the judgment of the Trial Court convicting the appellant under Sections 302 read with 120B of the Indian Penal Code, 1860 and sentencing him to imprisonment for life. The accused was also held guilty for committing an offence punishable under Section 201, IPC and sentenced to undergo R.I. for five years.
(2.)Briefly stated, the facts are that the appellant was married to one Shivcharan. Shivcharan was the elder brother of Chironji Jatav (PW1). Both of them lived in the same compound but in separate huts. According to Chironji Jatav, on 13.03.1995 at about 3.00am in the morning, this witness saw the appellant going outside the house along with her husband Shivcharan. He asked them where they were going. They replied that they were going to defecate. The witness said that he then went back to sleep. He woke up when the appellant - Roomabai returned home. On noticing her alone, Chironji Jatav (PW1) asked her where Shivcharan was. She replied that Shivcharan had not completed defecating and would come after some time. The witness then again went back to sleep. According to this witness, early in the morning, when Shivcharan had still not returned, he and his father enquired from the appellant where the deceased had gone. She did not give any satisfactory answer. This created a doubt in the mind of the family members of Shivcharan. According to these witnesses, the appellant was having an illicit relationship with one Ramesh of the same village. The family members searched for Shivcharan but could not find him. When they again enquired of the appellant to tell the truth, she allegedly told that Ramesh had killed the deceased and that the body had been thrown in a well.
(3.)According to PW1, they searched for the body of Shivcharan but could not find the same. Later, one Halke (PW5) came and informed that the dead body of the deceased was lying in the well of Patel which was about 1 km from the alleged place of occurrence.