HARISH ALIAS BUJHARAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE three appellants, above-named, assail the judgment dated 26-11-1996 passed by the learned Eighth Additional Sessions Judge, Jabalpur, in S. T. No. 838/92 by which the appellant Nos. 1 and 2 have been convicted for offence punishable under Section 302 read with Section 34 of the IPC while appellant No. 3, under Section 302 thereof and, each has been sentenced to imprisonment for life and fine of Rs. 5000/ -. In default of payment of fine, they have been directed to suffer further rigorous imprisonment for one year.

(2.) THE case relates to an incident in which deceased Dalthamman Singh, husband of acquitted accused Bimla Singh, was murdered on account of his wife's illegitimate intimacy with accused Raju @ Govind @ Satish s/o Mulayam Rajak, who was living in the house across. The prosecution alleged that the said co- accused, wife of the deceased, had eloped with the appellant No. 3 Raju on 2-3 occasions and had spent few days outside despite strong objection and reprimand from her husband Dalthamman Singh. Even though when deceased tried to restrain the accused from visiting his wife, both of them pursued the affair without paying any heed to his warning. It was in this background that in the night of 11th - 12th of March, 1992 while deceased Dalthamman Singh had gone out of his house to pass urine, the three appellants, in furtherance of their common intention, entered the house of the deceased and appellant Chotak and Harish caught hold of him while appellant Raju dealt several blows with a knife. On account of the alarm raised by the deceased, Sangeeta Singh (P. W. 13), daughter of the deceased, Sher Bahadur (P. W. 14), son of the deceased and Mamta (P. W. 6), daughter of the deceased arrived and saw the accused stabbing the deceased. They also cried and persons from the neighbourhood rushed to the place of the incident. A report of the incident (Ex. P-13) was lodged at the Police Station by Sangeeta Singh (P. W. 13), on the basis whereof, "merg" was registered and inquest (Ex. P-4) was prepared. The dead body was forwarded to the Medical College for post-mortem where the autopsy was performed by Dr. D. K. Sakle, who gave report (Ex. P-1 ). In further investigation, the samples of blood stained and control earth were obtained and a black cap lying on the spot was seized. Accused were arrested and from their possession weapons were seized. The clothes of the accused were also seized and the seized articles were sent to the Forensic Science Laboratory. After completion of the investigation, the accused were prosecuted.

(3.) THE accused denied having committed any offence and pleaded that they were innocent. The learned Additional Sessions Judge, however, found them guilty and convicted and sentenced them as hereinabove stated. It is against this conviction and sentence that the appellants have appealed to this Court.