IMPORTANT POINT
In a case based on circumstantial evidence, motive plays an important part.

JUDGMENT :

MANOJ MISRA, J.

1. Leave granted.

2. These appeals are by the State of Madhya Pradesh against the judgement and order of the High Court of Madhya Pradesh at Jabalpur (for short “the High Court”) dated 11.12.2015 in Criminal Appeal No.1292 of 2015 connected with Criminal Reference No.2 of 2015 whereby, the order of conviction and sentence including death penalty awarded to the respondent by the Court of District and Sessions Judge, Anuppur in Sessions Trial No.72 of 2010, under sections 302 and 201 of the Indian Penal Code, 1860 (for short “IPC”) has been set aside and the respondent has been acquitted.

3. To have a clear understanding of the issues raised in these appeals a brief description of the prosecution case and the evidence led by the prosecution would be apposite.

Introductory Facts

4. The prosecution story narrated in the first information report (FIR), lodged by deceased’s brother Kamla (PW2), is that the accused-respondent was unhappy that his wife Sundariya (the deceased) had kept her jewellery with her sister Jaimatiya Bai (PW8); on the fateful day i.e. 01.02.2010, at around 1400 hours, the accused came to the house of PW2, while PW8 was there, fought with PW8 and told her that he would kill Sundariya and set the house on fire; when PW2 returned from his shop at around 1900 hours, on getting the above information, he telephoned Madhuri (PW4), daughter of Sundariya, who informed PW2 that her father had taken her mother on a bicycle towards the field while making utterances that he would kill her. On receipt of information from PW4, PW2 came to the village where Sundariya resided and went to search her out with the help of Manoj (not examined) and PW2’s brother-in-law Mathura (PW3). During the course of search, they found the deceased lying seriously injured between the railway tracks. They, therefore, rushed her to Jaithari Hospital but, on way, she succumbed to her injuries. The FIR was promptly lodged at P.S. Jaithari on 01.02.2010 at 2130 hours expressing suspicion against the respondent (i.e. the accused) of having killed his wife.

5. As per arrest memo (Ex. P-11), the accused was arrested on 02.02.2010, at about 1240 hours, from Seoni Tri-section. Vide Ex. P-9, on the same day i.e. 02.02.2010, at 1300 hours, a disclosure statement of the accused was recorded wherein, he assured recovery of stones (gitti) and blood-stained pant and shirt kept in his hut. Pursuant thereto, vide seizure memo (Ex. P-10), on 02.02.2010, at 1400 hours, a moss coloured full shirt and dark brown full pant with blood stains on them, three blood-stained stones with hair stuck on it and one old hero jet cycle were recovered from that hut.

6. Interestingly, on the same day, at the same time i.e. 1400 hours, vide Ex. P-12, another seizure was made from near the railway line of 5 blood-stained gravel (gitti -stone), 5 plain gravel (gitti stone), blood stained red coloured saree and chappals.

7. On completion of the investigation, a charge-sheet was laid against the appellant and, after taking cognizance thereon, the case was committed to the Court of Session. The Sessions Court charged the appellant for committing murder of his wife on 01.02.2010 at 2000 hours, punishable under section 302 IPC, and of concealing blood-stained stones/shirt/pant and cycle used in the offence with a view to remove evidence thereof, punishable under Section 201 IPC. The accused pleaded not guilty and claimed trial.

Prosecution Evidence

8. As there existed no eyewitness account of the murder, the prosecution rested its case on circumstances, inter alia, (a) the accused bore a grudge against his wife for keeping jewellery with her sister (PW8); (b) on the fateful day, during day time, accused on that count, quarrelled with PW8 and threatened to kill the deceased and set the house on fire; (c) in the evening of that fateful day, the accused quarrelled with the deceased and took her with him on a bicycle, while extending threats that he would kill her; (d) later,