CHANDRA SEN BHIKARILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal under section 374 (2) of the Code of Criminal Procedure against the order of conviction recorded by the First Additional Sessions Judge, Behind, in Sessions Trial No. 48 of 1975, convicting appellant No. 1 under section 302 of the Indian Penal Code and appellant No. 2, under section 302 of the Indian Penal Code read with section 34 of the Indian Penal Code and sentencing them to imprisonment for life, by his judgment dated 20-2-1976.

(2.) The facts of the case, which are not disputed, are that Ram Beti, appellant No. 2, is wife of Rajendra Kumar, deceased. Ram Beti, along with her husband, was staying at Agarwal Coloni, Behind. The said house was taken on rent by Chandra Sen who is appellant No. 1.

(3.) . It is further alleged by the prosecution that there was illicit intimacy between Chandra Sen and Ram Beti and this fact was resented by her husband Rajendra Kumar. It has further come in evidence that Rajendra Kumar asked his wife not to be in company with Chandra Sen and she should stop talking to him also. But, the wife Ram Beti (appellant No. 2) did not pay any heed to these instructions. The matter came to the extreme, so that the husband had to report the matter to police officer, but the Police Officer showed his inability, as the house was taken on rent by Chandra Sen. It has further also come in evidence that as his wife was not listening to him, Rajendra Kumar used to weep and this fact was known to the neighbours, who were residing near the portion which Rajendra Kumar occupied along with his wife. Rajendra Kumar had a son who was about 5 to 6 years old when the incident took place.