TULARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellants, being aggrieved by the judgment dated 29.06.1994, passed by First Additional Sessions Judge, Shahdol in S.T. No. 117/1993, whereby appellants Tularam and Smt. Ramkali have been found guilty for the offence punishable under Sections 302 read with Section 34 and 201 of the Indian Penal Code and have been sentenced to life imprisonment and fine of Rs.100/- each and rigorous imprisonment for three years and fine of Rs.100/- each respectively, in default of payment of fine, they have to suffer one month additional simple imprisonment for each offence, whereas appellant No.3 Bhola Prasad has been found guilty for an offence punishable under Section 203 of the Indian Penal Code and has been sentenced to one year rigorous imprisonment and fine of Rs.100/-, in default of payment of fine, he has to suffer one month additional simple imprisonment.

(2.) The prosecution case, in a nutshell is that on 23.05.1993, deceased Chakrawati, who was pregnant, went to the house of one Bhaiyalal (P.W.-6), complaining of stomach ache, where she was examined by Buddisen (P.W.-1), who told her that she may deliver the child in two or three days. At that moment, appellant No.2 Ramkali came for the deceased and both of them went back to their house. The appellant No.1, thereafter was seen leaving the house at about 10.30, by Buddhisen (P.W.-1) and soon thereafter upon raising the hue and cry by appellant No.2, one Narendra Kumar (P.W.-8) reached the spot and upon raising the alarm by Narendra Kumar about fire in the house, other persons too rushed to the spot. The deceased was found lying dead in a burnt condition inside the room. Appellant No.3, Bhola Prasad rushed to the spot after being informed by one Durga Prasad (D.W.-1) and thereafter went to Police Station, Budhar and registered the Marg Intimation (Ex.P.-13) at about 3.30 P.M. that Chakrawarti had committed suicide by burning herself after bolting the door of the room from inside.

(3.) On the basis of the intimation, subsequent investigation followed. Panchnama was prepared and the dead body was sent for post mortem. The post mortem report (Ex.P-11), however recorded that death of Chakrawarti took place by asphyxia due to throttling and the burn was postmortem.