- (1.)APPELLANTS Rekhlal and Kangli, the accused persons in this case, have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life by Sessions Judge, Balaghat, vide judgment dated 12-12-89 in Sessions Trial No. 114/89 for causing the death of Jungli, aged about 48 years, the deceased in this case. Appellants have been found guilty of causing fatal injuries on the deceased by means of a "lathi" in the intervening night of 11/12-7-89 in their house situated at Village Budi, District Balaghat.
(2.)BRIEFLY stated the facts giving rise to this appeal are as under :-Both the appellants, the deceased Jungli and the material witnesses belong to Village Budi, within the limit of Kiranapur Police Station in Balaghat District. Deceased Jungli was father of Rekhlal (appellant No. 1) and real brother of Kangli (appellant No. 2 ). Since the wife of Jungli had deserted him about 8/9 years ago, he used to live with Rekhlal (appellant No. 1 ). Wife of Rekhlal (appellant No. 1) had also allegedly deserted him about two years prior to the date of incident because of her quarrels with Jungli and she had shifted to her parent's house with her daughter. Kangli (appellant No. 2) lived in another portion of the same house and believed Jungli to be a 'sorcerer'. On 19-7-89, the appellants met Chamarulal (P. W. 1) and informed him that Jungli was not seen since last 8/9 days and on the next day, i. e. , 20-7-89 appellants, alongwith Chamarulal (P. W. 1), went to the police station where Rekhlal (appellant No. 1) reported about the disappearance of Jungli which was recorded in the Sanha No. 756 vide Ex. P-18 by Likhanlal (P. W. 5), Head Constable. On 21-7-89, Gendlal (P. W. 2) informed Chamarulal (P. W. 1) about the rumour of the discovery of a dead body whereupon Chamarulal (P. W. 1) summoned the appellants to his house at about 10:00 a. m. and on his asking in the presence of Gendlal (P. W. 2) and 2/3 persons, they allegedly confessed that after murdering Jungli they had thrown his dead body into a river also known as a "narsingh Nala". A thorough search for the body was made by them but they failed to locate the same. On 22-7-89 Sub-Inspector R. K. Mishra (P. W. 9) reached Village Budi, at about 5:00 a. m. and in the house of Chamarulal (P. W. 1) asked the appellants about Jungli on which they reiterated the incident. Again, search was made at all the places in the presence of appellants but the body of Jungli could not be traced. It is alleged that in the evening of the same day at about 5:00 p. m. , Rekhlal (appellant No. 1) made a discovery statement, Ex. P-1, to Sub-Inspector R. K. Mishra (P. W. 9) that he and Kangli (appellant No. 2) had caused injuries to Jungli in the kitchen of their house by means of a "lathi" and when he died they buried his body into a pit at Village Khod, Seoni in the field known as "behar Marrar Ka Khet". He also disclosed that the pit was dug by them with the help of a pickaxe and after burrying the body they had covered the pit with leaves, etc. Thereafter, Rekhlal (appellant No. 1) took R. K. Mishra (P. W. 9) and other witnesses and showed the place where he had buried the body of Jungli.
(3.)ON 23-7-89 Sub-Inspector R. K. Mishra (P. W. 9), after obtaining permission of the Sub-Divisional Magistrate on his request letter, Ex. P-21, for exhuming the body, took Dr. S. C. Meshram (P. W. 6) and Tehsildar to the place where the body was buried. The appellants allegedly dug out the body of Jungli in their presence and other witnesses. Ex. P-3 is the Panchnama of the body and it was identified by the Panch witnesses vide Panchnama, Ex. P-6. The photographs of the pit and the body of Jungli are Exs. P-23 to P-27. After the discovery of body of Jungli, Sub-Inspector R. K. Mishra (P. W. 9) recorded discovery statement, Ex. P-10, of Rekhlal (appellant No. 1) and seized a pickaxe at his behest from one of the rooms of his house vide Ex. P-1 1. He also prepared seizure memo of "lathi", Ex. P-15, which was handed over to him by Kotwar Arjun. Ex. P-12 is the seizure memo of blood stained soil from the kitchen of the house of Rekhlal (appellant No. 1) and Ex. P-13 is the seizure memo of his Baniyans. Ex. P-14 is the seizure of the Baniyans of Kangli (appellant No. 2 ). Sub-Inspector R. K. Mishra (P. W. 9) prepared a Dehati Nalishi, Ex. P-27, at Village Budi, itself and its Marg intimation, Ex. P-23. On the basis of Exs. P-27 and P-33, First Information Report (Ex. P-23) was recorded and crime was registered at Police Station, Kiranapur.