NATHU Vs. STATE OF M P

JUDGEMENT

(1.) BOTH these appeals are arising out of judgment and order dated 18-11-1994 passed by 4th Addl. Sessions Judge, Ratlam in S. T. No. 185/93 convicting and sentencing the appellant No. 1 Nathu for the offences under Sections 302 and 394, IPC, sentence to RI for life with fine of Rs. 1,000/- (Rupees one thousand) in default of payment of fine further RI for 1 year. He was also sentenced to 10 year's RI with fine of Rs. 1,000/- (Rupees one thousand) in default of payment of fine one year RI respectively. Appellants Rajesh and Sohan were convicted for the offence under Section 414 of IPC, each sentenced to RI for 2 years with fine of Rs. 1,000/- (Rupees one thousand) in default of payment of fine RI for six months.

(2.) BRIEFLY stated the prosecution case before the Trial Court was that Ahmed Husain (P. W. 1) was at his field on 1-4-1993 at 7 p. m. he was informed by Ranjeet (P. W. 3) about murder of his tenant Ayodhya Bai. On this information, he came to the house and while peeping inside the house saw that light was on, the door was bolted from outside and deceased was lying on bed. He lodged the report Ex. P-1 in the police station on which merg No. 14/93 under Section 174, Cr. PC was registered. Police reached on the scene of occurrence and dead body was sent for post mortem. Dr. Arun Purohit (P. W. 5) performed post mortem. His report is Ex. P-10. According to medical report the deceased met homicidal death due to strangulation. After usual investigation charge-sheet was filed on the basis of circumstantial evidence against the appellants and trial ended into conviction of the appellants.

(3.) THE conviction of the appellant No. 1 is based on evidence of last seen together and thereafter his abscontion and recovery of golden Suleye (ear rings) and silver Kade at his instance. Appellants Rajesh and Sohar have been convicted for assisting the appellant No. 1/nathu for disposing the stolen property.