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1999 Supreme(SC) 1133

G.B.PATTANAIK, M.SRINIVASAN, S.N.PHUKAN
Birbal – Appellant
Versus
State Of M. P. – Respondent


(1) THE appellant has been convicted under Sections 302 and 201 IPC for having caused the murder of deceased Leela Bai, sister-in-law of the appellant on 7-10-1986.

(2) THE prosecution story briefly stated is that on 3-10-1986, the accused and the deceased left together for the jungle and by evening time the accused returned back alone. When the daughter of the deceased, PW 10 made a query, the accused replied that the deceased would come later but the deceased never returned. On 7-10-1986, the accused himself lodged a complaint with the Village Chowkidar about the missing of the deceased. Later on the matter was reported to the police on 14-10-1986 whereafter the police started investigation. The accused was thereafter arrested and while in custody made a statement to the police, ultimately giving discovery of the dead body of the deceased from the jungle. In fact the dead body was in a skeleton form but the sister of the deceased identified the same to be that of the deceased on the basis of the blouse which was there on the body which was alleged to have been given by the sister to the deceased. Admittedly, there is no eyewitness to the occurrence. The prosecution



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