BADDA Vs. STATE OF M P

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 22.7.87 of 2nd Additional Sessions Judge, Rat lam, passed in Sessions Trial No. 67/86, whereby the accused appellant No.1 has been convicted under Sections 302 & 460 of the I.P.C and accused-appellant Nos. 2 & 3 have been convicted under Sections 302/34 and 460 of the I.P.C for having committed house breaking by night and murder of Kodar S Mangla on the intervening night of 15th & 16th January 86 at village Chhoti Beed. All the accused-appellants have been sentenced to imprisonment for life and a fine of Rs. 2,000/- and under Section 302 and 302/34 I.P.C, in default of payment of fine R.I. for one year each and R.I. for two years and a fine of Rs. 1,000/- in default of payment of fine R.I. for 6 months each under Section 460 of the I.P.C

(2.) The brief history of the case is that accused appellant Nos. 1 and 3 (Badda & Radhu) are related to deceased Kodar Sb Mangla as sisterTs son. Accused-appellant Punja is relation of other two accused-appellants. Deceased Kodar had no male issue. His only daughter who is married has also died. It is alleged that on the date of incident deceased Kodar and his wife (P.W. 2) Kalibai were sleeping inside the tapra. These accused appellants made forcible entry by breaking open the doors and the lock and assaulted deceased Kodar. Kalibai tried to intervene. She was also beaten. Kadar fell down and died almost on the spot. Accused persons took away the bullock and Rs. 500/- also. Kalibai raised alarm. P.W. 1 Badri came there, she narrated the story to him. Kalibai lodged FIR on the next day at about 8.15 a.m. in Police Station Raoti, the same was taken down by P.W. 9, Sub-Inspector K.C. Sharma, vide Ex. P11. K.C. Sharma registered the case under Sections 302 and 460 I.P.C, visited the spot, prepared spot map and inquest report of the body of Kodar the same was sent for post mortem examination. He also seized stained and unstained earth from the spot.

(3.) P.W. 5 Dr. B.L. Mangliya conducted the autopsy on the body of deceased Kadar and found following injuries: