PRAKASH ALIAS OMPRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE judgment in this appeal shall also dispose of the Criminal Appeals No. 32/84 (State of M.P. v. Prakash alias Omprakash and another) and No. 33/84 (State of M.P. v. Prakash alias Om prakash and another) which arise from the judgment against which this appeal has been preferred.

(2.) APPELLANTS Prakash alias Om Prakash and Dilip Kumar have been convicted under sections 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life and appellant Prakash has also been convicted under section 380, I.P.C. and sentenced to R.I. for 3 years, the sentences were to run concurrently, in Sessions Trial No. 85/82 of the Court of Sessions Judge, Chhindwara on 15th November, 1983.

(3.) THE case of the prosecution is that the deceased couple prior to their posting at Linga were living in Chhindwara. Deceased P.C. Rai, aged 56 years, was a Station. Master. After the death of his first wife, he married Mst. Bani Rai aged about 40 years. Mst. Rekha (P.W. 7) married to Damodar Rao Thakre (P.W. 26) was a class -fellow of appellant Prakash. She introduced Prakash to the family of the deceased whom they used to visit at Linga and sometimes stayed during the night. Mst. Rekha (P.W. 1) used to look after the Rai couple after the marriage of Mst. Bratoti Kundu (P.W. 6). In the evening of 13th December, 1981, the couple was seen by Damodar (P.W. 26). Mst. Nalini Vase (P.W. 24) whose husband was Assistant Station Master, Linga, was living adjacent to the quarters of the deceased couple. On 14th December, 1981, when nobody got up from the house of Shri Rai, a report was lodged by Pratap (P.W. 1), husband of Mst. Nalini (P.W. 24). The house of the deceased was opened and they were found dead on a cot with severe injuries on their persons.