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 arising 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 s/o Hari Narayan Batham r/o 8-B/2, Indira Bhavan Parisar, Professor Colony, Bhopal, guilty of offences punishable under provisions of Sections 449 and 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 ). He was residing with his wife and two daughters in the said quarter. The elder's name was Ku. Priti aged about 22 years and younger one was named Ku. Nidhi aged about 17 years. It is the prosecution case which has not been disputed by the defence that accused Ashish Batham was prior to the incident in question serving in one Corporation known as "m. P. Agro State Industry and Development Corporation" (hereinafter referred to as "agro Corporation" for convenience) and was posted at Shajapur. It is the prosecution case that on the unfortunate day he had been working as Asstt. Manager at Bhopal office of said Agro Corporation but was present at Shajapur. It is the prosecution case that Ashish Batham was having love affair with the elder daughter Priti of Dr. Ramawatar Mudgal since December, 1997 till the said girls died. The prosecution alleged that both Ashish Batham and Priti Mudgal were seen frequently sitting together behind Hanuman Temple situated at the outskirts of Shajapur city accompanied by her younger sister Nidhi Mudgal. It has been alleged by the prosecution that they used to visit almost daily to the said spot and there Priti Mudgal used to be with Ashish Batham and he used to be sleeping on the laps of Priti and used to chat with her and at that time younger Nidhi used to sit there but at some distance. As per prosecution case, Ashish Batham used to give some dolls as gifts to younger Nidhi. Accused denied these allegations and also denied that he was having love affair with Priti Mudgal, as alleged by the prosecution.

(3.) IT is the prosecution case that about a month or so, prior to the fateful day, the father of Ashish Batham, Hari Narayan Batham had telephoned Dr. Ramawatar Mudgal from Bhopal and had told him that there was affair between his son Ashish and daughter of Dr. Mudgal - Priti and, therefore, Dr. Mudgal should visit his house at Bhopal for talking of their marriage. Prosecution alleged that during the said conversation Dr. Mudgal informed Hari Narayan Batham that he was against the idea of marrying Priti to a boy who was not 'brahmin', the caste to which Dr. Mudgal belongs and hence that was also the view of his daughter Priti. Thus, he refused the offer of Hari Narayan Batham for marriage of Ashish and Priti. As per prosecution case in the said conversation Hari Narayan Batham told Dr. Mudgal that in case of refusal he would be required to repent. It is the prosecution case that after some days he again rang Dr. Mudgal and asked him as to what was his decision and again reiterated in the same tone.