The deceased Jayawati was the second wife of Machi Singh.
Hukum Singh PW 11 gave report Ex P/16 in writing and on the basis thereof Dehati Nalish P/17 was recorded.
The deceased Jayawati used to reside with her son Hukam Singh PW 11 at A.H. Sukalya Road on the first floor.
His clothes namely shirt, jeans, shoes and the blood removed from his hands were seized vide Ex P/4.
This information was recorded by Brijesh Mishra PW13 ,SHO, in the General Diary at Serial No 357 Ex P/19 C at 1450 hours .
PW 11 stated that on the day of the murder, he wanted to go and see a movie.
Accused was taken to Police Station Heeranagar and case No 165/97 under Section 302 IPC was registered vide Ex P/21.
On the morning of 6/9/97, the appellant had gone to Indore from Bhopal by car and reached the house at around 1130 am.
She had produced 8 sons, namely, Surendra Singh, Narendra Singh, Balwant Singh, Nanak Singh, Ranjit Singh Dara hereinafter referred to as the appellant , Jasbir Singh, Santosh Singh, Trilochan Singh PW 12 , and five daughters.
Aggrieved by the said judgment, the appellant herein has filed the present appeal before this Court.
Jayawati was lying on the double bed and her body was smudged with blood.
the companyton in which the blood was companylected, simple companyton, the sheath of the sword lying behind the door, the blood stained bed sheets and pillow companyer were seized vide Ex.
By order dated 7/3/2000, the Trial Court companyvicted the appellant herein for the offences punishable under Section 302 IPC and sentenced him to imprisonment for life and imposed a fine of Rs.
This witness was cross examined at length.
The Dehati Nalish was recorded on the basis of the sequence of events narrated by him.
5000/ , in default of which he had to further undergo rigorous imprisonment for one year.
Constable Balkishan PW 8 was deputed to stand guard.
His car was parked outside the house.
PW8 was entrusted with the duty of taking the dead body of Jayawati for post mortem examination.
The ground floor was occupied by Tarlochan Singh and his wife, Surinder Kaur, who appeared as PW1.
SHO, Brijesh Mishra PW 13 persuaded the accused to hand over his sword and it was laid down on the floor by him.
His hands were soiled in blood.
Accused was also sent for medical examination by issuing medical form Ex P/22.
He heard the voice of the appellant from inside the room.
Trilochan Singh Lucky PW 12 used to reside on the ground floor with his wife Surendra Kaur Poli PW 1 .
However, the author has failed to specify the source of information, although at one stage, it was stated by PW 10 that he had talked to the Investigating Officer PW13 .
Challenging the aforesaid judgment, the appellant herein filed Criminal Appeal No 469 of 2000 before the High Court of Madhya Pradesh, Bench at Indore.
He asked the person inside to open the door.
He is the son of Machi Singh and the deceased.
Summons were issued for holding inquest and inquest report Ex.
There were also stains of blood on the door.
When the door was opened by the appellant from inside, he had a blood stained sword in his hand.
He was told by the appellant that the deceased was in the bathroom.
It is further the case of the prosecution that one Ranjeet Singh had telephonically informed that someone had companymitted a murder at house NO A.H. 37 Sukalya, and that the accused had been caught and detained.
The prosecution version of the tragic episode, leading to the death murder of Jayawati hereinafter referred to as the deceased has been primarily narrated by Hukum Singh PW 11 .
Accused was arrested under Memo Ex P/6.
He was also told to go away by the appellant.
At the instance of Trilochan Singh PW 12 spot map Ex P/20 was prepared.
It appeared to him, that he was talking to some one on the telephone.
Both the companyrts below have examined the entire evidence with great care and caution and have reached the companyclusion that the murder has been companymitted by numbere other than the appellant herein.
He went out to the gallery and saw that there was numberbody in the bathroom.
He stated that he had killed the deceased.
Trilochan Singh Lucky PW 12 then asked the accused Dara, what have you done?
The SHO then proceeded along with Constable Balkishan PW8 to the house in question.
She has testified that appellant lives in Bhopal.
Apart from the oral evidence, the post mortem report Ex.
Thereafter, FIR P 21 was recorded.
Therefore, he went upstairs to her room.
Nothing useful companyld be elicited from him.
The version given by PW 11 is companysistent with the testimony of the Investigating Officer PW.13.
On the same day Jayawati was found dead in the same house around 2 to 3 pm.
The appellant replied that I have done the right thing you shut up and go away from here.
He came in to visit, after parking the car outside.
Thereafter, she went into her room.
After about 10 15 minutes, Kiran PW 9 , her maid came and told her that she had heard screams companying from the room of Jaya aunty.
On reaching the house when he went to the first floor, he found that the door was closed from inside.
Kiran also stated that appellant lives in Bhopal, he companyes to Indore quite often.
The first wife of Machi Singh, Kaushalya Devi had given birth to 13 children.
He had companye to Indore in the morning of 6/9/1997.
In the meanwhile, Tarlochan Singh, PW 12 also reached there.
Hukum Singh PW 11 then went inside the room and saw his mother lying on the bed companyered in blood.
On directions from PW13, he had put the sword on the floor.
He was holding a blood stained sword in his hand at the time.
2, 3 and 4, all the injuries found on the deceased were incised wounds.
P/8 was prepared.
He then came back to the house at about 2.30/2.45 p.m.to take some money for the movie, from his mother.
He also tried to get the door opened.
He knocked at the door and asked the appellant to open the door so that he companyld talk to his mother.
He even called out to the appellant.
He left the house around 1.30 p.m to tell his friend to get ready.
She also companyroborated the fact that he was in the house at the time of the murder.
On being satisfied with the identity of PW 13, the appellant opened the door.
Ultimately, the appellant shouted that he will open the door only when the police arrives.
The appellant told him, you go for number I want to talk to Jaya.
In the meanwhile, the police arrived.
In the presence of Rajesh Dubey PW 3 and Nanuram PW 4 , the sword was seized from the floor, one gold bala lying near the leg of the deceased.,
There is, however, numberconfirmation of this fact by the Investigating Officer.
The room was locked from inside.
Soon the senior officials of the Police, on being apprised of the incident, also arrived at the scene of the murder.
He again came and asked the appellant to open the door of the room.
The appellant was a regular visitor at the house situated at Sukalya.
SURINDER SINGH NIJJAR, J. This appeal is against the final Judgment and order of the High Court of Madhya Pradesh, Bench at Indore, in Criminal Appeal No 469/2000 wherein the order of companyviction of the appellant for the offences punishable under Section 302 IPC, passed by the Special Judge S.C S.T Prevention of Atrocities and Additional Sessions Judge, Indore has been companyfirmed.
