ASMANIYA BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE judgment passed in this appeal shall also decide two connected appeals i.e. Criminal Appeal No. 662/1993 Ghuran v. State of M.P. and Criminal Appeal No. 663/1993 Jasbir Ram v. State as they arise out of the same judgment of conviction.

(2.) THE appellant Smt. Asmaniya Bai in this appeal and the co-accused Ghuran and Jasbir Ram appellants in the connected appeals stand convicted and sentenced to life imprisonment for an offence punishable under sections 302/34 of Indian Penal Code on the charge of committing murder of deceased Kastu Ram on the night of 13.11.1991 in village Lodam Patratoli under Police Station Jaspurnagar, District Raigarh. The Additional Sessions Judge, Jaspurnagar by judgment dated 19.1.1993 convicted the accused persons relying on the testimony of the sole eye witness Munni Bai (P.W. 12) and the alleged 'Extra Judicial Confession' made by the co-accused Jasbir Ram to Jageshwar Ram (P.W.1), Silmat (P.W.2), Nankuram (P.W.3), Choutha (P.W.4), Ramdayal (P.W.8), Dukhusav (P.W.10) and Bhukhla Ram (P.W.14).

(3.) DR . D.C. Mahadik (P.W.9) performed the autopsy and as per his postmortem report there were three incised wounds found on the head with fracture of occipital bone and one lacerated wound on the head region. The cause of death is stated to be Coma due to injury on brain. In the opinion of Dr. Mahadik (P.W.9) the deceased met with homicidal death.