LAWS(SC)-1996-12-142

INDRADEO MISHRA Vs. STATE OF MADHYA PRADESH

Decided On December 10, 1996
INDRADEO MISHRA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Indradeo Mishra (A-2) , a middle aged widower had kept Laxamin bai (since deceased) as his mistress. He was an employee of the Western Coal Fields Ltd. and admittedly had a company quarter at banwari site. He also had his own house at tilsara. He was living at Tilsara with Laxamin bai whereas the company quarter at Banwari site was occupied by Chandrika Prasad (A 3- acquitted) who was said to be a student. Indradeo Mishra (A-2) is having a son Anang mishra (A-l) and two daughters, namely, bimla and Kamla. The family members of indradeo Mishra did not approve the conduct of their father who had kept a mistress and this gave a rise to frequent quarrels between anang Mishra (A-l) and Laxamin Bai. Anang mishra firmly believed that the conduct of his father had brought disrepute to their family as they belonged to a higher caste (Brahmin) whereas Laxamin Bai was Panka (Scheduled caste).

(2.) Three villages i. e. Banki Mongra, banwari Bandhawar Para and Tilsara are situated near the Western Coal Fields Ltd. (for short 'wcf Ltd. ') having a police outpost at Banki 'mongra. Various labour colonies existed in these villages and around WCF Ltd.

(3.) It is alleged. by the prosecution that anang Mishra (A-l) on 15/7/1981 met his father at Tilsara and asked Laxamin Bai to leave the house. Anang Mishra (A-l) and his' two sisters, namely, Bimla and Kamla beat laxamin Bai mercilessly and drove her out of the house. After locking the house, they alongwith their father Indradeo Mishra (A-2) left Tilsara.