RAJENDRASINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this common judgment, both the aforesaid appeals are disposed of.

(2.) The appellants have preferred these appeals against the judgment dated 18-11-95 rendered by VII Addl. Sessions Judge, Indore in Sessions Trial No. 231/93 thereby convicting the appellants Rajendra and Prakash under Section 302 of the Indian Penal Code and appellant Sunil alias Narendra under Section 302 read with Section 34 of the Indian Penal Code and sentencing them each to undergo imprisonment for life. He, however, acquitted the appellants from the charge under Sections 459 and 394 of the Indian Penal Code.

(3.) Shortly stated, the facts of the prosecution case before the trial Court were that on 7-1-1992 at about 3.00 p.m. maid-servant of Pukhrajbai named Rekhabai informed Ramprasad Painter (PW-14) that the door of Pukhrajbai's house is bolted and on giving ring, there was no response to it. She also informed that the blood was coming out from underneath the door. This fact was informed to Mahesh (PW-9) who in turn gave this information on telephone to the son of the deceased named Vinod (PW-6). He returned to his house, finding the door bolted from inside, broke open the rear door of the house and found his mother Pukhrajbai dead having so many injuries on her person. He also found that four golden bangles, one golden locket, one golden ring and Pajeb of silver which his mother was wearing on that day were missing from her body. He lodged the report (Ex. P/14) with the Police. The dead body was sent for postmortem examination. Postmortem Report is Ex. P/27, according to which, the deceased died due to shock and haemorrhage because of stab and incised wounds, appellant Prakash was arrested on 20-1-92 from Kanishka Hotel, situated at Chhoti Gwal Toli, Indore, where he was staying from 5-1-92 to 8-1-92. From the shop of M/s. Ashok Brothers, Indore two golden bangles, one locket, a Jhumki were recovered and seized by the police, where it is alleged that appellant Prakash had sold them. At his instance, knife was also recovered. Appellant Sunil alias Narendra was arrested on 29-1-92 and appellant Rajendra Singh was arrested from Gopal Mandir, Ujjain. At his instance also a knife and a silver Pajeb were recovered. After usual investigation, the accused/appellants were charge-sheeted. After trial, the learned Addl. Sessions Judge convicted and sentenced them as mentioned hereinabove.