MAHESH Vs. STATE OF M P

JUDGEMENT

(1.) THE accused/appellant was tried for the offences punishable under Sections 120-B and 302 of the Indian Penal Code (hereinafter referred to as 'the IPC ). The other co-accused persons namely, Ghisla @ Ghasiram, Karodhi and Gorelal were charged for the offence punishable under Section 120-B, IPC, but they were acquitted by the impugned judgment. The appellant too was acquitted, for the offence punishable under Section 120-B, IPC, but, was convicted of the offence punishable under Section 302, IPC, and has been sentenced to suffer rigorous imprisonment of life by the learned Additional Sessions Judge, Mudwara vide its judgment dated 21-4-1990 passed in Sessions Trial No. 185/86.

(2.) THE facts, shorn of unnecessary details, lie in a narrow compass. The case of prosecution is that, few days prior to 19-2-1986 and 20-2-1986 there was some complaint, in the village, that deceased/ram Milan, outraged the modesty of a girl, Sita Bai, taking note of which, the inhabitants of the village, belonging to Kachhi community, blockaded the house of the deceased and lodged a report against him. A case under Section 354, IPC, was registered, against the deceased, in which he was bailed out from the Court of Katni on 19-2-1986.

(3.) AFTER release, the deceased, went to his village, from Katni. In the evening at about 7, accused Mahesh went to the house of deceased and told that he had to go to Jabalpur and a car of one Nayak, Advocate was reserved for that purpose. Accordingly, at about 7-8 P. M. , deceased went with accused and thereafter he was not found.