RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Rajesh has been convicted under Section 302, Indian Penal Code and sentenced to imprisonment for life for committing murder of his wife and daughter. He has also been convicted under Section 201, Indian Penal Code and sentenced to rigorous imprisonment for three years for causing disappearance of the evidence of the commission of the offence.

(2.) THE prosecution case was that on 3-1-1996 accused Rajesh committed murder of his wife Sukhvati and his daughter Rinki, aged about 3 years in his house in Village Chunni Chougan. According to the prosecution accused Anil Kumar (who has been acquitted) had engaged accused Rajesh as a servant in the field and accused Anil Kumar was having an evil eye upon the wife of accused Rajesh. On 3-1-1996 also accused Anil Kumar was found cutting filthy jokes with Sukhvati and it was not to the liking of accused Rajesh. Therefore, after accused Anil Kumar left that place accused Rajesh assaulted his wife and caused her death. The daughter of accused Rajesh was trampled under his feet and that of his wife when he was assaulting his wife. The prosecution case was based on the alleged extra-judical confession of accused Rajesh to different persons. Information was given to M. M. Sharma (P. W. 8) who was Station Officer of Damua Police Station regarding this incident. He prepared Panchnamas of dead bodies of Sukhvati and Rinki which are Ex. P-8 and Ex. P-11. Bodies of two dead persons were sent for post-mortem examination. Dr. R. K. Vishwakarma (P. W. 9) conducted the autopsy and in his opinion the death of Sukhvati and her daughter was homicidal. They have sustained a number of injuries as noted in the post-mortem reports Ex. P-13 and Ex. P-15, It was the prosecution case that accused Anil Kumar asked accused Rajesh that he should not report this incident to the police and he should cremate the dead bodies immediately. Accused Rajesh is also said to have purchased certain material for cremation purposes.

(3.) ACCUSED Rajesh pleaded not guilty. He has been convicted on the basis of circumstantial evidence by the Trial Court. Accused Anil Kumar has been acquitted as there was no legal evidence against him.