BALKISHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Judgment shall also dispose of Criminal Appeal No. 1122 of 1981. (Kanchhedi v. State of M.P.).

(2.) The two appellants stand convicted for committing robbery at night in the house of Rajrani and for committing her murder in the night intervening 4th and 5th September, 1980. Under Section 302, Indian Penal Code, they have been sentenced to life imprisonment and under section 394, they have been sentenced to rigorous imprisonment for four years.

(3.) It is no more in dispute that Rajrani, an old widow, lived in a house by herself and that on the night between 4th and 5th September, 1980, she was murdered. A report of the incident was made by Nattu (PW.1), Kotwar of the village, the next day at 2.30 p.m. at the police station. It is Ex.P/1. Except one gold earring (bali) in one of the ears of the deceased. Her post mortem report shows that she has received several injuries. Dr. Argal (PW.5) has proved these injuries on her person and opined her death as homicidal. This part of the prosecution case was not challenged before us.