SONU SAXENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been filed under Sec. 374(2) of Code of Criminal Procedure, 1974 arising out of judgment of conviction and sentence dtd. 28/6/2013 passed by 5th Additional Sessions Judge, Bhopal in Sessions Trial No.721/2012, whereby the appellants have been found guilty for committing offences punishable under Ss. 302 in alternate read with Sec. 302/34 and 201 of the I.P.C. and sentenced to Life Imprisonment with fine of Rs.1,000.00 each and R.I. for 7 years with fine of Rs.500.00 each respectively, with default stipulations.

(2.) In short, the case of the prosecution is that the incident occurred in the early hours of 4/8/2012. Initially, FIR (Exhibit P-15) was lodged at 2.40 am on 4/8/2012 by the present appellant No.2 ' Banarsi Bai and it was alleged in the FIR that the deceased Dharamveer who was husband of appellant No.2 has gone at around 12.30 am in the night to recover some amounts, which were outstanding against some persons. He came back after around one hour and 15 minutes and was lying on the bed and was watching Television. After about 10 minutes, 4 unidentified assailants entered the house and assaulted the deceased. Two of the assailants were carrying some iron rod type object, which was used to hit the deceased in the head and body. The other two assailants are stated to have strangulated the deceased by a rope used as a clothesline. These assailants were also alleged to have taken away some ornaments from the appellant No.2 Banarsi Bai. Her 12 years old son Ravi (PW-1) was stated to be awake at that time and had witnessed the incident.

(3.) Upon investigation, it was found that the appellant No.2 was having some extra-marital relation with the appellant No.1 and the appellant No.1 and appellant No.2 have caused homicidal death of the deceased Dharamveer.