SOMAT Vs. STATE OF M P

JUDGEMENT

(1.) Since both the above appeals arise out of the common judgment, this judgment shall govern the disposal of both the appeals.

(2.) Appellant Somat of Criminal Appeal No.263/2002 and respondents Sevaram, Munna and Devi Prasad of Criminal Appeal No.759/2002 were tried by the Additional Sessions Judge, Khurai District Sagar in Sessions Trial No.430/2000 of the charge under sections 302 and 302 read with section 34 of the Indian Penal Code. After trial, by judgment dated 29.01.2002, learned Additional Sessions Judge convicted Somat under section 302 of the Indian Penal Code and sentenced him to imprisonment for life with fine of Rs.500/-, in default of payment of fine further rigorous imprisonment for 6 months and acquitted accused Sevaram, Munna and Devi Prasad of the charge under section 302/34 of the Indian Penal Code.

(3.) Prosecution case, in nutshell, is that all the four accused persons were neighbours of Nasso Bi, the deceased. It is said that accused Somat had an evil eye on Nasso Bi and often he used to tease her. When Nasso Bi in this regard complained to her brother Asraf Khan, Asraf admonished Somat. Being annoyed on 11.10.2000, the women of the family of Somat abused and manhandled Nasso Bi at about 9-10:00 a.m. Thereafter all the four accused persons went at the house of Nasso Bi. Somat had a can of kerosene. On the exhortation made by Sevaram, Munna and Devi Prasad, Somat entered the house of Nasso Bi and after pouring kerosene ignited her. Nasso Bi cried and rushed out of her house. Asraf, Quadir, Kastiya and some other persons reached there and saw accused persons running away from there. It is alleged that Nasso Bi narrated the incident to them. Injured Nasso Bi was taken to police station Khurai where she lodged first information report Ex.P/16 at about 10:45 a.m.