JAGDISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The judgment in this appeal shall also dispose of Death sentence in Criminal Reference No. 2 of 1990.

(2.) In an incident which took place on Shivratri day on 16-2-1988 in village Kachhwa P. S. Mungwani District Narsinghpur, 5 persons were done to death by assaulting them with sharp edged weapons. Those persons were two brothers named Rewaram and Balkishan, their parents Harlal and Kesharbai and one of their relations named Tarachand.

(3.) The prosecution story briefly stated was that Puna (P.W. 6), widow of one of the brothers named Rewaram, was returning to her house after having morning ablutions in the village river called Bangana on the eve of Shivratri day. While she was passing along the house of appellant No. 1 Jagdish Soni of village Kachhwa i.e. of her village another appellant Jagdish Soni who is appellant No. 3 (would be referred to as Jagdish of village Barhata), the latter cried that Mudiyas had become too much conceited and proud. It may be mentioned here that Puna Bai and her people belong to aboriginal tribe of Mudiyas. The time then was around 10-30 a. m. It is said that the brother of the said Jagdish named Dhannu alias Dhaniram (appellant No. 2 herein) started to drag her inside the Badi. Dhannu also assaulted her with the handle of an axe causing injuries to her vide injury report Ex. P-37-A. Her outcries attracted to the scene her husband Rewaram, her husband's younger brother Balkishan, her parents-in-law Harlal and Kesharbai, all living in one house in village Kachhwa, and her relation Tarachand who was also returning from the river.