MOHAN KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have been convicted for causing the murder of one Shanti Bai, the mother-in-law of appellant Mohan Kumar, at night between 9th and 10th November 1979 and each of them has been sentenced to imprisonment for life. They have also been convicted for offence under section 328, Indian Penal Code and each of them has been sentenced to seven years rigorous imprisonment and fine of Rs. 100/- and in default to suffer simple imprisonment for one month on that count. Both the sentences were ordered to run concurrently.

(2.) Appellant Mohan Kumar is married to deceased's Shanta Bai daughter Shyamabai (P.W. 17). She had come back to her parents house. Appellant Mohan Kumar wanted her to go to him, but she declined. It is also said by the prosecution that the appellant Mohan Kumar demanded Rs. 400/- from his mother-in law deceased. Shanta Bai, who is said to have refused to give any amount to Mohan Kumar. It is further said that in the evening of the fateful night, the appellant went to the house of Shanta Bai where they offered peda (a kind of sweet) to Shanta Bai, her daughter Shyama Bai (P.W. 17) and Rama. Bai (P.W. 18) and son Rewaram (P.W. 19). Mohan Kumar is further said to have mixed something in the Kari which was being cooked then. The daughters and the son of Shanta Bai became unconscious after eating the Peda and Kari. In the morning Shanta Bai was found dead, lying naked, but the ornaments which she were. found in tact on her body. She was taken to the hospital where autopsy was held on her body by Dr. M.M. Nanda (P.W. 11) who found as many as 10 abrasions on her person. Her meet was found swollen. The post mortem report is Ex. P-17. According to Dr. Nanda (P.W. 11), Shanta Bai died as a result of throttling. At the trial Shyama Bai (P.W. 17) was produced as an eye-witness and the prosecution also relied upon the circumstantial evidence in. the presence of the appellants in the house of the deceased at meal time.

(3.) The two daughters viz. Shyama Bai and Rama Bai, the son Rewaram (P.W. 19) and also P.W.20 Madhu Bai have been examined to show the presence of the appellants at the house of the deceased that evening. Finding these circumstances proved and on relying upon the testimony of P.W. 17 Shyama Bai, the appellants have been convicted and sentenced as aforesaid.