SATYANARAYAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This judgment shall also govern the disposal of Criminal Appeal No.1257/2002. Since both the appeals arise out of the common judgment, therefore, facts are taken from this appeal.

(2.) Appellants are aggrieved by the judgment of conviction and sentence handed down by the 13th Additional Sessions Judge, Indore in S.T. No.112/2002, holding Lakshmi Bai guilty of an offence punishable under Sec. 302 of the Indian Penal Code (for short "the IPC") and Satyanarayan guilty of an offence punishable under Sec. 302 read with S. 34 of the IPC. Both were directed to undergo life imprisonment. Fine of Rs.1,000.00 was also imposed on each of them with default stipulation of one year RI.

(3.) Appellant of Criminal Appeal No.1257 of 2002, Lakshmi Bai, is the widow of deceasedSuresh. Appellants were charge sheeted for having committed murder of Suresh in the evening of 16/12/2001. The incident was witnessed by PW1 Bhagwati Bai, her husband PW5 Madanlal, Rajesh (PW2) and Lalita (PW3), son and daughter of the deceased respectively. There is no dispute that Suresh died a homicidal death as is proved by Dr. K.K. Saxena (PW8), who performed the autopsy (Ex.P/5). In the opinion of Dr. Saxena, deceased died of coma due to the head injury. On trial, accused persons denied the charges.