RAMKISHUN Vs. STATE OF M P

JUDGEMENT

(1.) The judgment passed in this appeal shall also govern the disposal of connected Criminal Appeal No,. 547/2002 (Brindawan v. State of M.P.) since both the Appellants have been convicted by common judgment of conviction and order of sentence passed by learned Trial Court.

(2.) Feeling aggrieved by the judgment of conviction and order of sentence dated 27-9-2002 passed by learned Sessions Judge, Bhind in Sessions Trial No. 162/2000 convicting Appellants under Sections 302/34 and 201 of IPC and thereby sentencing them to suffer imprisonment as mentioned in the impugned judgment, this appeal as well as connected Criminal Appeal No. 547/2002 has been preferred by the Appellants under Section 374 (2) of the Code of Criminal Procedure, 1973.

(3.) Sans unnecessary detail, the facts lie in narrow compass. Suffice it to say that as alleged by the prosecution, Appellant Ramkishun was having illicit relationship with the wife of his brother Harisingh which was being highly objected by the deceased Guddi (hereinafter referred to as the deceased), who had been his wife. Making this allegation as a point, the Appellant Ramkishun was cruelsome against her and was causing marpeet to her. Earlier to the night of the incident, on 17-12-1999 in the evening Appellant Ramkishun brought the deceased alongwith his children from her parental house to Village Achalpura. In the same night of 17-12-1999 at 4.00 a.m. with the help of co-Appellant Brindawan he first murdered his own wife and to hide his crime, he poured kerosene and set the lire on the dead body.