The burden of proof lies upon the appellant to explain certain circumstances in respect of his plea regarding the accidental death of deceased: HIGH COURT OF MADHYA PRADESH AT INDORE


The present petition stands dismissed by HIGH COURT OF MADHYA PRADESH AT INDORE in the case of GANESH V. STATE OF M.P. through HON’BLE JUSTICE VIVEK RUSIA

In this case, the deceased Girija Bai was married to the appellant about 3 years prior to her death and they were having one infant son Krishna. As per the prosecution story, on 22.5.2009 at about 6.15 p.m. police station Khudel got information from Rajesh Yadav about a burning car lying in the deep ditch at Nachanmore Valley. Police party reached on the spot and found the burning car lying in the 30 ft. deep ditch at Nachanmore Valley, in which dead bodies of a female and one boy were found observed by the police in totally charred condition. On the basis of the said information two Merg Nos. 1/09 and 2/09 were registered. ASI A.R. Sheikh (PW-10) prepared the inquest report of the dead bodies before the Panch witnesses and sent for the autopsy through Ex.P/16 & P/17 respectively. Postmortem examination was conducted on 23.5.2009. Senior scientific officer Dr. Sudheer Sharma inspected the place of occurrence and prepared report Ex.P/18. During the inquiry statement of the witnesses were recorded and it is gathered that the appellant and the deceased were engaged in violent quarrel with each other and when the deceased was pregnant, she was taken by her parents in their house, where she delivered a male child who was named Krishna. The appellant was suspecting upon the character of the deceased Girija. At the time of living his in-law’s home, the appellant had threatened the parents of the deceased by saying that Girija Bai would never see border of the village Baman Khedi. It is also gathered that appellant intentionally and deliberately committed murder of his wife Girija Bai by strangling her in his Maruti Car and in order to commit the murder of his son Krishna he set the car on fire, pushed it into the deep ditch, due to which Krishna lost his life and in order to escape from the punishment of committing the murder of his wife and son, appellant destroyed the evidence by setting the car on fire and thereafter pushing it down into the deep ditch of the valley.

In this case, the trial Court has rightly held that the death of Girija Bai was homicidal in nature and caused by strangulation and death of Krishna is due to the burns and the same is also homicidal in nature. There is sufficient evidence available on record and the circumstances are linked properly and the guilt of the appellant has been duly established beyond reasonable doubt. Only the appellant is guilty for committing the murder of his wife and infant child. Therefore, we are not inclined to accept the contention of learned counsel for the appellant. We find that the learned trial Court has rightly convicted and sentenced the appellant for offence under Section 302 and 201 of IPC. Accordingly the present appeal is hereby dismissed. The sentence of Life Imprisonment (two counts) with fine of Rs.10,000/- for the offence under Section 302 of IPC and sentence of 2 years R.I. for the offence under Section 201 of IPC, is hereby affirmed.
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