STATE OF M.P. Vs. ASHISH BATHAM

JUDGEMENT

(1.) BOTH these matters are being decided by this common judgment and order because the Death Reference and the said appeal are mising out of the same incident. Learned Sessions Judge, Shajapur after passing the judgment and order on 30.6.2001 in the matter of Sessions Trial No. 112/99, after holding Ashish Slo Harinarayan Batham RIo, 8 -B/2, Indra Bhavan Parisar. Professor Colony, Bhopal, guilty of offences punishable under provisions of sections 449, 302 of IPC and sentencing him to the sentence of death by hanging by neck till death. The Reference arises because Ashish has been held guilty by the Sessions Judge, Shajapur, while deciding the said Sessions Trial for committing house trespass in order to commit offence in view of provisions of section 449 of IPC and further holding him guilty of committing murder of Ku. Priti Mudgal daughter of Dr. Ramawatar Mudgal as well as for committing murder of Ku. Nidhi daughter of Dr. Ramawatar Mudgal and thereby committing offence punishable in view of provisions of section 302 simpliciter. The Reference has been made for confirmation of this sentence by the High Court in view of provisions of section 368 of the Code' of Criminal Procedure, 1973 (hereinafter referred to as the Code for convenience). The accused Ashish Batham who has been so convicted and sentenced has preferred the appeal as mentioned above for assailing the correctness, propriety and legality of the Judgment and order passed by the Sessions Judge, Shajapur, while deciding the said prosecution.

(2.) FOR understanding the matter some facts need to be mentioned which would unfold the case. Dr. Ramawatar Mudgal happens to be a Dental Practitioner serving in Govt. Hospital Shajapur and as such was residing in Govt. Quarter situated near "Nai Sadak" (it appears that the said vicinity was so identified by citizens of Shajapur city that way).

(3.) FROM the evidence on record it is disclosed that Dr. Mudgal and Mrs. Mudgal used to go for walk early in the morning at about 6: 15 or 6:30 a.m. and at that time their daughters Ku. Priti Mudgal and Nidhi Mudgal used to be in the house themselves alone. The evidence discloses that during the tenure of service at Shajapur, accused Ashish Batham used to live in Upkar lodge situated in the vicinity of "Nai Sadak area" and was well acquainted with the persons residing in the same locality being a lodger in the said lodging house and amongst them are Advocate Narayan Prasad Pande (PW 4), Jai Prakash Malviya (PW 5), Advocate Rajmal Bhimawat (PW 10), Rishikesh (PW 16), Priest of Hanuman Mandir and some other persons including some other prosecution witnesses. It is also the prosecution case that number of persons in Shajapur city were having the knowledge of this love affair between Ashish Batham and Priti Mudgal.