HARSAN BAI Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Harsan bai stands convicted under Section 302 of the IPC with sentence of imprisonment for life vide impugned judgment dated 10/08/1990, passed by the Additional Sessions Judge, Balaghat, in S.T. No. 64/90.

(2.) The prosecution case in brief is that P.W. 3 Dhani Ram, P.W. 4 Smt. Chandrakala Bai, and P.W. 2 Rameshwari are the father, mother and sister respectively of deceased Hemendra, a child aged about 3 years. P.W. 13 Gyanaji, P.W. 5, Bistan Bai and P.W. 1. Daulat are the father, mother and brother of Dhaniram. Smt. Bijna Bai P.W. 8 and Smt. Sheela P.W. 6 are the daughters-in-law of Gyanaji.

(3.) On 14-6-1989, i.e. about 4 months before the date of incident, Dhaniram P.W. 3 brought the appellant Harsan Bai to live with him as his concubine and it was natural for Chandrakala who was legally wedded wife of Dhaniram to protest this: act of Dhaniram. She immediately left for parental home and called a panchayat. In panchayat she proposed that half of the property of Dhaniram should be transferred in the name of her son deceased Hemendra. Panchayat accepted this demand of Chandrakala.