STATE OF MADHYA PRADESH Vs. BUDHRAM

JUDGEMENT

(1.) It is a reference made under Section 366 of the Criminal Procedure Code far confirming the sentence of death awarded to the accused. The accused has also filed an appeal which has been registered as Criminal Appeal No. 1128/95 against the finding of holding him guilty for committing murders of his father Kunkuram, step-mother Ravibai, step brothers Nankua, Chatua and Shankarlal and step-sisters Jugnabai and Muliabai and recommendation for sentencing him to death.

(2.) It has not been disputed by the accused that Kunkuram (since deceased) had left about 20 years prior to the date of incident his married wife Hirabai, daughter Urmila and son accused Budhram at village Basti Baradwar where they used to reside. At that time the daughter of Kunkuram to wit Urmila was aged about 5 years and his son, accused Budhram was aged about 3 years. It had also not been disputed that Kunkuram had kept Ravibai, as his wife and had gone for earning his livelihood alongwith Ravibai towards Allahabad. The mother of the accused brought up the accused and his sister by cultivating the land belonging to Kunkuram. It was she who performed marriage ceremonies of Urmilabai and subsequent to it of accused Budhram also. During the said period the accused and his mother lived in the house belonging to Kunkuram.

(3.) About two years prior to the date of incident, Kunkuram returned alongwith Ravibai and their six children to village Basti Baradwar and started residing in separate portion of the same house in which Hirabai and accused Budhram were residing. After Kunkuram and Ravibai returned to village Basti Baradwar they performed marriage ceremony of their eldest daughter Kiranbai (PW/17), who was residing in the house of her husband from before the time of the incident.