MOHAN LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 14th July, 1998 passed by learned 2nd Additional Sessions Judge, Raipur in S.T. No.262/95, whereby and whereunder, the appellant has been held guilty for commission of offence under Section 304 Part-I read with Section 34 of IPC and sentenced to undergo R.I. for 10 years and to pay fine of Rs.1,000/-, in default of payment of fine, to undergo additional R.I. for 6 months.

(2.) As per case of prosecution, Fagni Bai, the deceased, step-mother of other accused Salik and Basant was suspected as playing witchcraft on Padmini Bai, sister of Basant and Salik. According to prosecution version, Padmini was taken to one baiga (Priest) in village Rawa for treatment. It is alleged that Fagni was also taken to Rawa in a temple where Priest was there and treating Padmini and there, suspecting that it was Fagni who was playing witchcraft, she was bitterly beaten by baiga and other accused namely Basant, Salik and appellant - Mohan Lal. After one day Fagni returned to her house. She was not provided any food for three days and she became weak and also sustained injury. On that date, it is alleged Basant co-accused shunted her out of the house and in the midnight, Ram Narayan (PW-9) and Chandrika (PW-10) son and daughter of Fagni saw her hanging in the courtyard of the house. Dead body was said to have been removed and taken to funeral ground and cremated in haste by Basant and Salik. Upon receipt of information in the police station regarding the incident of death of Fagni and cremation of dead body recorded in police diary (rojnamcha sanha) under No.50 on 02.03.1995 at 11:45 hrs., the police proceeded to place where the dead body was cremated, dehati merg intimation was recorded, followed by recording of merg intimation in the police station and injury thereon. A prima facie case of murder being made out, FIR in Ex.P-15 was recorded in Police Station Rajim on 05.03.1995 at 10.30 hrs. against Basant and Salik Ram for alleged commission of offence under Sections 302, 201, 506 B and 120 B of the IPC.

(3.) The appellant was also involved in the alleged commission of offences along with the other accused, as according to the prosecution, the baiga (Priest) who had given a fist blow on the face of Fagni Bai (the deceased) was Mehattar Lal and present appellant Mohan Lal had also assaulted her by belt. On completion of usual investigation, charge-sheet was filed and charges were framed against the appellant and other accused persons. The appellant was also charged of having committed offence under Sections 302, 120-B of the IPC. Appellant, having abjured guilt, was put to trial. Relying upon the evidence led by the prosecution, learned trial Court held the appellant and other three accused guilty for commission of offence under Section 304 Part-I read with Section 34 of the IPC and sentenced to undergo rigorous imprisonment for 10 years. Being aggrieved by the aforesaid judgment of conviction and order of sentence, the appellant has preferred the instant appeal.