RAM MILAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred by the accused persons against the judgment of conviction and order of sentence passed by the learned IIIrd Additional Sessions Judge, Bhopal, in S. T. No. 166 of 1990 convicting the appellants of the offence punishable under Section 302/34 of the Indian Penal Code (in short 'the IPC') and sentencing them to suffer rigorous imprisonment of life.

(2.) IN brief the case of prosecution is that in the mid-night of 1-2-90 Janak Ram (hereinafter referred to as 'the deceased') was sleeping in his hut At that time accused Ram Milan and Omprakash called him to come out from the hut. As soon as he came out from his hut his mouth was tied by a torned cloth of a shirt and thereafter accused Gorabai poured kerosene oil on the deceased and accused Ram Milan lit the fire. It is alleged that a day prior to the date of incident, i. e. , 31-1-90 accused Ram Milan was assaulting Tenamma and as the deceased rescued her, the accused Ram Milan threatened to kill and hurled abuses. Further the case of prosecution is that the accused Ram Milan was having illicit relationship with accused Gorabai who is the wife of the deceased and he was desirous to keep her. This created the background for the accused persons to kill the deceased.

(3.) THE neighbours of the deceased, when going with the deceased to lodge the report at that time his brother Laxman and Chatura arrived who carried the deceased in an autorickshaw to the police station where the deceased himself lodged the FIR (Ex. P-11 ).