JUDGMENT :

By The Court : Per Mehta, J.

1. The appellant herein has been convicted and sentenced as below vide judgment dated 28.02.2020 passed by the learned Additional Sessions Judge, Bali, District Pali in Sessions Case No.27/2012. He has filed the instant appeal under Section 374(2) CrPC for assailing the impugned Judgment:-

2. Brief facts relevant and essential for disposal of the appeal are noted hereinbelow.

Prakash Puri (P.W.10), lodged a written report (Ex.P./14) to the SHO Police Station, Khinwada, District Pali on 02.04.2012 alleging inter alia that his sister Madhubala Goswami had been married to Bhupesh Puri, resident of Hathi Pol, Udaipur in the year 1990. The couple got divorced in the year 2001 whereafter, Madhubala remarried Prakash Bharti (the appellant herein), resident of village Gawada, Tehsil Desuri, District Pali. Two children were born from the wedlock, both of whom were being looked after by the informant and were at the relevant point of time staying in a hostel at Kanod for their studies. He alleged that Prakash Bharti regularly indulged in harassing and humiliating his sister on account of demand of dowry and money. About 7-8 years ago, Prakash indulged in violence and broke his sister’s hand. On another occasion, 3-4 years ago, Shri Prakash Bharti inflicted an injury on his sister’s head upon on which, she left the matrimonial home and started living with the informant. Thereafter, Prakash Bharti would extend threats that if Madhubala did not return to the matrimonial home, she would be killed. Prakash came to his house and told that he had sold the house in Bombay for a sum of Rs.12,00,000/- and got a house constructed at Gawada. He offered that he and his wife would live together at Gawada. He promised to invest a sum of Rs.3,00,000/-in the name of Madhubala and through this allurement, he took Madhubala with him on 12.10.2011. Smt. Madhubala regularly talked to their mother Radhabai (P.W.11).

On 28.10.2011, Smt. Madhubala called their mother and told that she had come to Nadol to buy a door for their newly constructed house. Thereafter, no further information was forthcoming regarding Smt. Madhubala on which, the informant tried to make enquiries at his own level but did not receive any update on which, he, accompanied with Jaswant Singh (P.W.15), Umesh Giri (P.W.16) and Prahlad Puri (P.W.26) reached the house of the accused but did not find anyone present there. Foul smell was emanating from the house and thus, they started bearing a suspicion that the dead body might have been buried inside the house. He alleged that his brother-in-law Prakash Bharti and his brother Lehar Bharti, who were both missing might have hatched a conspiracy, murdered Madhubala and buried the dead body in the house.

3. On the basis of this report, an enquiry was started. Body of Smt. Madhubala’s body had been buried inside the house of her husband Prakash Bharti and was dug out and FIR No.33/2012 (Ex.P/30) came to be registered at the Police Station Khinwada, District Pali on 02.04.2012 for the offences punishable under Sections 302, 120B and 201 IPC. Investigation was assigned to SHO Shri Bhabhut Singh (P.W.23). The dead body was subjected to autopsy at the hands of Medical Board, which issued a Postmortem Report (Ex.P/31), concluding that the cause of death of the victim was head injury and the probable time of death was between 3-6 months. The dead body was totally decomposed.

4. The accused was arrested and acting in furtherance of the information provided by him, the implements used to bury the dead bo