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1978 DIGILAW 496 (MP)

Nathlia v. State of M. P.

1978-06-16

P.D.MULYE, S.S.SHARMA

body1978
Short Note : Admittedly in the present case, there are no eye witnesses. It is further not in dispute that the first information report (Ex.P-1) was lodged after some delay and the entire case rests on circumstantial evidence. Bhalia (PW 1), the father of the deceased Vesti has stated that on the relevant date when he left the house for Alirajpur to attend the case in the Court, his wife Bhangdi (PW 2) and his daughter Vesti were at home. When he returned in the night from Alirajpur, he found his wife Bhangdi alone in the house. On being asked, Bhangdi told him that the appellant had abducted Vesti and at that time another person was standing outside. Next day morning he went to the house of the appellant where the appellant's father expressed ignorance about the whereabouts of his son Nathlia the appellant and disclosed that Nathlia did not bring his daughter Vesti with him. He therefore, thought that the appellant must have taken Vesti to his relations and went to village Kukawat where the sister of the appellant was staying. There also he could not find Vesti and returned home. Then he again made enquiries from his relations in village Amla but there also he was unable to find out any trace of his daughter. Ultimately he searched for her in the village and found the dead body of his daughter in the jungle where he had gone in the company of Khumanchhia (now acquitted). Then he called his wife Bhangdi (PW 2) on the spot and lodged the report (Ex.P-1) at the Police Station Sorwa. Held : Bhangdi (PW 2) mother of the deceased Vesti has similarly deposed that after taking their meals when she left along with her daughter Vesti was sleeping, the appellant came to their house and forcibly took away Vesti; that the appellant was armed with a Dharia and that when her husband returned and made enquiries about Vesti, she told him that the appellant had abducted her. Then next day morning her husband went out in search of the daughter but was not successful and ultimately found her dead body in the jungle. She too has admitted that Vesti was having illicit relations with the appellant all he wanted to keep her and as parents they had no objection to this behaviour of the appellant and Vesti. Then next day morning her husband went out in search of the daughter but was not successful and ultimately found her dead body in the jungle. She too has admitted that Vesti was having illicit relations with the appellant all he wanted to keep her and as parents they had no objection to this behaviour of the appellant and Vesti. But when Vesti did not return, they apprehended that as the appellant had taken her away and had not returned in normal course, the appellant must have carried out the threat that he would kill Vesti and their suspicion gained further support when the appellant also could not be found in whose company Vesti had left their house. 2. Fattu (PW 3) has also corroborated the statement of these two witnesses that the appellant had given threats to Vesti that he would kill her because be had a feeling that Vesti was responsible in keeping the sister of the appellant with a Bhil in village Pithanpur, which was not liked and appreciated by him due to which the appellant had quarrelled with Vesti. 3. Thus, the fact that on the night of the 27th December, 1974, the appellant took away Vesti from his house and no trace of her was available till her dead body was found on the 2nd of January 1975 has thus been established by these witnesses, as also the fact that the appellant had threatened to kill Vesti, though it is some what surprising that he had intended to kill her specially when he was having a love affair with her. 4. The post mortem report (Ex.P-15) dated 2-1-1975 shows that the duration of death from the time of post mortem examination was about six or seven days and if we calculate this period from 2-1-1975, it comes to between 27th and 28th December, 1974. This medical evidence further lends support to the prosecution case and corroborates the evidence of Bhalia (PW 1) and Bhangdi (PW 2) that on the 27th December, 1974, the appellant was last seen in the company of the deceased Vesti and thereafter nothing was known about her and this period as mentioned in the report coincides with the date of her abduction after which only she must have been murdered with a sharp edged weapon. This medical evidence further finds corroboration from the recovery of a blood-stained Dharia at the instance of the appellant, immediately after his arrest, which as per the reports of the Chemical Examiner and the Cerologist (Ex. P-3 and P-4) was found to be stained with human blood. Besides Bhangdi (PW 2) has also stated that when the appellant took away Vesti in the night, he was armed with a Dharia and Dharia being a sharp edged weapon, the injuries must have been caused by that weapon. The recovery of the blood-stained Dharia, it appears has not been seriously challenged and, therefore, there appears no reason not to rely on that prosecution evidence. Appeal dismissed.