BAVRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under Sec. 374 of Criminal Procedure Code, 1973 (hereinafter referred to as 'the Cr.P.C.') has been preferred against the judgment dtd. 15/12/2015 passed by II Additional Sessions Judge, Sendhwa, district Barwani in S.T.No.76/2014 whereby the appellants have been convicted for offence under Sec. 302/34 of Indian Penal Code, 1860 (in short 'IPC') and sentenced to undergo life imprisonment with fine of Rs.1,000.00 each with usual default stipulation.

(2.) It is not in dispute that deceased Devram had two wives one complainant Mutu Bai (PW-1) in the present case and one Vanwasibai. It is also not in dispute that the appellants in the instant appeal are sons of Vanwasibai. At the time of incident, both the wives of the deceased were living separately in their separate houses.

(3.) The prosecution case as having emerged during trial briefly stated is that on 22/3/2014 in village Moida under Police Station Pansemal a programme of "goat" was held in Falia of complainant Matubai wherein her sister-in-laws Sayani Bai (PW-2) and Sindi Bai @ Hindibai (PW-4) were also present. Sayani Bai (PW-2) and Sindi Bai @ Hindibai (PW-4) had gone to the house of Vanwasibai, the other wife of the deceased Devram. Deceased Devram at about 6 P.M. had gone to call them. The complainant was at her house. She heard the cries of Devram for help uttering that appellants Anil and Bawram are beating him and hearing the cries of her husband, Matubai alongwith her daughter Dudki (PW-3) rushed to the spot where they witnessed that appellants were beating Devram with lathi. Devram suffered serious injuries on his head and other parts of the body. Sayani Bai (PW-2) also came there and along with the complainant and tried to intervene and save the deceased. In this intervention the bangles of Sayani Bai (PW-2) also got broken. Devram succumbed to injuries and died on the spot. Matu Bai (PW-1) at about 19:45 went to Police Station Pansemal and lodged named FIR against the appellants. The S.H.O. of Police Station Pansemal Leena Marot (PW-9) ascribed FIR vide crime no.68/14 for offence under Sec. 302/34 of IPC. Investigation ensued and Merg was registered at no.14/14 (Ex.P-2).