RAMBHAROSE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) RAMBHAROSE and his wife Mst. Kiron were tried before the Additional Sessions Judge, Jagdalpur, for the murder of their son Pappu aged 5 years. Rambharose has been convicted under section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life. Mst. Kiron has been acquitted. Rambharose has come up in appeal against his conviction and it is registered as Criminal Appeal No. 647 of 1968. The State has appealed against the acquittal of Mst. Kiron and it is registered as Criminal Appeal No. 703 of 1968. This judgment shall govern the disposal of both the appeals.

(2.) THE evidence discloses the following story. On 7 -9 -1967, Mst. Kiron asked Sukaluram (P. W. 1) to bring from the market 10 meters of cloth. He was told that the cloth was required in connection with Pooja on the Teeja day. He brought the cloth from the market and gave it to Kiron. He also brought 7 Kgm. of milk from Chandrashekhar's house for the Parsad. The Pooja room was got cleaned. The old Tatta which covered the roof as an inner ceiling, was removed and the room was got white -washed. The windows of the Pooja room had wooden panels. They could be closed from inside to secure privacy. Yet wooden rafters were nailed from outside and curtains were nailed from within.

(3.) IN the same strain is the story given by Kashi Prasad (P. W. 11) who was then a senior clerk in the office of Rambharose. On 8 -9 -1967, Rambharose told him that he was earlier working in some project. He belonged to Rajas -than where his forefathers were ordinary labourers. He came across a Sidha -Baba and his blessing proved fruitful. He had once failed in the examination but when Sidha -Baba helped him out. He pissed in the Supplementary examination. Sidha -Baba, he said, beats him and he held out his hands to show marks of injury. Then Rambharose recited some verses of Ramayan. Soon after he began shouting "Aun -Aun". He took off his shirt. A few minutes after, the lantern which was lying on his table was thrown down. The glass broke and it was dark in the office. Kalishanker and Nayar Overseer stood up to go and Rambharose shouted at them saying that whosoever walked out would become a leper. The witness says that Rambharose's conduct was abnormal. They were both alarmed and anxious. They went to the Police Station but could not find a responsible officer. The constable who was present, was told by them to keep a watch on the activities of Rambharose. The same evening, Kunjilal Postman was called to chant the evil spirit away which had possessed Rambharose.