NEERAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This death reference u/S.366(1), Cr. P.C. by IXth Additional Sessions Judge, Indore is heard along with Criminal Appeal No. 90/91, preferred by accused Neeraj against his conviction and sentence of death u/ S.302, I. P.C. as recorded by the trial Court vide its judgment dated 26/02/1991 passed in S.T. No. 65/89. It's a case of double murder. The place of occurrence is House No.46, New Dewas Road, Indore; time night intervening 21st and 22nd of December, 1988. A couple Prakash s/o Dwarkadas Agarwal aged about 36 years and his wife Smt. Premlata Agarwal aged about 33 years were d one to death. Deceased Prakash was found to be having apart from two minor abrasions, as many as ten incised wounds on his head allegedly inflicted with an axe, while his wife Premlata as throttled to death. Thumb pressure marks on her neck with nail scratches were observed on lower part of the neck.

(2.) First Information Report, Ex. P/1 was lodged at 8-40 a.m. on 22-12-1988 at Police Station Tukoganj, Indore where Crime No.847/88 (as it appears in Ex. P/1) was registered u/S.302, IPC and investigations proceeded.

(3.) The situation and occupants of the house has some bearing on the case. It is also therefore noted. House No. 46, New Dewas Road, Indore is a single storeyed house. The incident is said to have taken place on the first floor. As per inmates, of the house, apart from the deceased their two sons P.W. 2 Ghanshyam and P.W.8 Naresh, accused Neeraj who happens to be the nephew (sister's son 'Bhanja') of the deceased, also lived in the same house along with his mother Shakun. These family members apart, one Shreesh, a student of Local Engineering College also resided as a tenant, on the first floor in the same house. Dr. Surendra Agarwal has his Clinic, just adjoining this house. Ex. P/2 is the sketch map of the house in question.