MANBODH NANDO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE are two connected appeals filed by the appellants accused persons against their various convictions and sentences passed against them by the Sessions Judge, Raigarh, in Sessions Trial No. 22 of 1953.

(2.) BOTH the appellants along with two other persons Perma and Tilu were jointly tried for , offences punishable Under Section 302, Penal Code, for committing murder of Mst. Bilo, Madho and Bodhl and also on the charge of attempt to commit murder, punishable Under Section 307, Penal Code of Hira, Lochan and Balmati. The relation between the parties is that Hira and the appellant Manbodh are brothers. Hira's wife's name is Bila. Madho, Bodhi and Lochan are sons of Hira and Bilo, and Balmati is their daughter. The appellant Mst. Moda is the wife of the appellant Manbodh. Perma is son of Manbodh and Mst. Moda. Tilu is son-in-law of Manbodh and Moda.

(3.) THE prosecution case is that Hira was staying at Mouza Tuba, police station house Bharsa-bahar Jaspur sub-division. Hira and Manbodh had separated in estate a long time back. Thereafter Hira had improved his financial position. Manbodh was in poor financial circumstances. The appellant Manbodh was arrested on a charge of committing theft and was in police lock-up for about a fortnight. But he was later on released and was not prosecuted. Manbodh was outcasted because of his arrest and stay in custody. Manbodh had requested Hira to give him a goat and ghee to get himself readmitted in caste but Hira had refused the request. It is also alleged by the prosecution that Manbodh had demanded a share from Hira in the property in Hira's possession but Hira had refused to give him any. Therefore all the accused persons, i. e. , Manbodh, Mst. Moda, Perma and Tilu had conspired together to kill all the members of Hira's family and thus acquire his property. Accordingly appellant Manbodh and Mst. Moda went to the house of Hira in the evening of '22-1-1953 as the guest of Hira. During the night Perma and Tilu joined them and all of them attacked all the inmates of Hira's house and then ran away. The defence is one of denial.