MOHAN Vs. STATE OF M P

JUDGEMENT

(1.) Appellant, Mohan, has knocked the door of this Court by preferring an appeal under Section 374(2) of the Code of Criminal Procedure, 1973, (hereinafter referred to as 'the Code') assailing the judgment of conviction and order of sentence dated 28-2-1992 passed by the First Additional Sessions Judge, Sagar, in Sessions Trial No. 181 of 1990 convicting the appellan t under Section 302 of I.P.C. and sentencing him to suffer rigorous imprisonment of life,

(2.) In brief the case of prosecution is that Laxman Singh and Gulab Bai (hereinafter referred to as 'the deceased persons') were living as husband and wife, they were residents of village Toda. On 11-3-1990 Malthu (PW-4), who is the neighbour of deceased persons, on the basis of suspicion, climbed on the house of the deceased persons and when he peeped from a window he saw the dead bodies of the deceased persons lying on the Ataari (roof). It is said that Narayan Singh (PW-1) also saw the dead bodies of the deceased persons. The F.I.R. (Ex.P/9) was lodged by Abhay Singh alias Gudde (PW-3) who is the son of Narayan Singh and is nephew of deceased Laxman Singh. It is seen that Narayan Singh (PW-1). Dangal Singh and deceased Laxman are the real brothers.

(3.) On lodging of the first information report by Abhay Singh the criminal law was set in motion. The investigating agency arrived at the spot, seized the dead bodies, sent them for post-mortem where doctor found incised wounds on the persons of the deceased and both of them were found to bedead due to excessive haemorrhage. The injuries sustained to the deceased persons are referred in the post-mortem report. Ex. P/5 is the post-mortem report of Gulab Bai and Ex.P/6 is the post-mortem report of Laxman Singh.