RAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant who has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life by the learned First Additional Sessions Judge, Shahdol, by judgment dated 9-11-1990, passed in Sessions Trial No. 52/90, has preferred this appeal under Section 374 of the Criminal Procedure Code.

(2.) The accused Ram Singh was a neighbour of deceased Darbari and as per the prosecution he had developed illicit intimacy with his wife P.W. 1 Ram Bai. On account of the illicit intrigue which the accused was prosecuting with Ram Bai, Ram Bai's husband namely the deceased used to quarrel with Ram Bai with the result Ram Bai had deserted him and started living with Lamuna Gond. On one occasion, deceased had found Ram Bai, his wife, with accused in her house and had, in order to chastise him, administered some beating which was witnessed by Babulal (P.W. 5), Shobhlal (P.W. 8) and Birja Singh (P.W. 9).

(3.) On account of the indisposition of Darbari Singh, the deceased, he had taken Rs.350/- in a money bag and proceeded for his treatment along with Lalla Kaol Ram Bai awaited his return for about a fortnight but when she found that he had not come back, Ramswaroop (P.W. 2) was deputed to inquire about his whereabouts. Ramswaroop being busy himself, deputed Govind for the purpose who went to Umaria but could not get any information, with the result Ramswaroop (P.W. 2) reported the matter at police out post, where the report of missing person was registered at Serial No. 336 of the general diary on 26-12-1989 (Ex. P/26-C). The Investigation thus, commenced. During investigation, the accused was called and interrogated. On 30-12-1989, at about 11.00 a.m., the accused gave information in the presence of Lallulal Soni (P.W. 7) and Ramtahal that the money bag containing Rs. 350/- and the knife with which the offence was committed were lying in his house and that he would get them recovered. He also gave information about the place where the deceased was done to death and from there, torn pieces of clothes belonging to the deceased, his bones, empty liquor bottle, blood stained and plain earth etc, were recovered vide seizure memo Ex. P/7, P/8, P/9, P/10, P/11 and P/12. The accused was taken to his house from where a blood stained knife Article 'J' and money bag Article 'G' along with cash of Rs. 160/- were recovered and Panchnama Ex. P/14 was drawn in this behalf. In the investigation, the prosecution came to the conclusion that since the illicit relationship between the wife of the deceased and the accused stood exposed and, the deceased had administered beating to the accused to chastise him and because the deceased also owed money to the accused for the grocery purchased by him from his shop, the accused met him while deceased was proceeding to Umariya from where he persuaded him to come back and on their return, they purchased liquor which was consumed and after the deceased became intoxicated, he was done to death by the accused by means of a knife and his money bag along with Rs.350/- was taken away. On these premises, the police filed charge-sheet against the appellant.