NIMAN SHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) II Additional Sessions Judge, Chhindwara Shri A. K. Patel, has made these joint references pertaining to Sessions Trials No. 46 and 47 of 1995, in which accused Niman Sha was charged with having committed, on or about 6-12-1994, murders of Nanjo Bai and Jhini Bai at village Dhalapathar and Karanpiparia, and thereby committing offences punishable under Ss. 302 and 302 (sic), of the IPC. In both of the said Sessions Trials the accused has been held guilty for committing the said offences and the present references have been made under S. 366, of the Cr. P.C., for confirming the death sentence recommended to be awarded to the accused appellant. The accused has also filed two appeals against the said judgements, delivered in Sessions Trials referred above, of holding him guilty for committing offences punishable under Ss. 302 and 302 (sic), of the IPC, and recommending to sentence him to death. The said references, made under S. 366, Cr. P.C., and Criminal Appeals referred above shall be decided simultaneously, by this single judgement.

(2.) From the documents filed in the trial Court, the prosecution case emerges as below :-

(3.) Thereafter, the accused appellant went alongwith his father upto some distance. There, all of a sudden, Niman Sha pushed Raman Sha aside and taking the axe in his hand, he reached the place where Nanjo Bai was cutting 'kutki' crop and started dealing blows by means of the said axe on the neck of Nanjo Bai. The accused severed the neck and head from the remaining part of the body of Nanjo Bai, thereby causing her instantaneous death on the place of the incident itself. The said incident was witnessed by Gullo Bai (P.W. 4), who told the said fact to Balbati (PW. 3). The accused went away from the first place of the incident, that is revulet of Dhalapathar, and proceeded towards village Karanpiparia. On reaching Karanpiparia, the accused dealt axe blows on the person of yet another old lady, Jhini Bai and cut her like a firewood. The neck and head of Jhini Bai was also severed from her body, by the accused, causing her instantaneous death, on the place of the incident itself.