SHERBANO Vs. STATE OF M P

JUDGEMENT

(1.) This appeal, under Section 374 of the Code of Criminal Procedure, is directed against the judgment rendered by I Additional Sessions Judge, Ratlam in Sessions Trial No. 105 of 1986 on 23.6.89 thereby convicting the appellants under Section 302 IPC and sentencing each of them to suffer imprisonment for life and to pay fine of Rs. 1,000/- and in default to suffer S. I. of three months.

(2.) The facts of the case may be stated briefly. Deceased Krishnadevi was the married wife of accused Ashok Kumar. At the time of incident, Ashok Kumar, was in service as a teacher and was living in village Chandragarh with his wife Krishnadevi and their minor children. Appellant Sherbano, at the relevant time was posted there as a nurse and was also living in village Chandragarh. It is stated that the accused, Ashok Kumar, has illicit relations with accused Sherbano and because of this. Ashok Kumar used to quarrel with his wife, deceased Krishnadevi. To get rid of from his wife, deceased Krishnadevi, on the date of incident i.e. in the night intervening 27128th March, 1986, both of the accused persons committed murder of said Krishnadevi. When Krishnadevi breathed her last, her body was burnt. On 28th March, in the morning both the appellants alongwith the minor children of Ashok Kumar were seen by witness Laxminarayan Soni (PW 12) leaving Chandragarh. House of the accused was locked from the outside. On 29th March, 1986, in the morning some foul smell was coming out of the house of accused Ashok Kumar. The information about the same was given to Sarpanch Rakma (PW 10) by Laxminarayan. Rakma and Laxminarayan went to Police Chowki. Chandragarh and informed the aforesaid facts to the Police. On getting information from Sarpanch Rakma (PW 10) and Laxminarayan (PW 12), Police went to the house of the accused and opened the door. After opening the door, the Police and the witnesses found dead body of Krishnadevi inside the house having burn injuries on all over the body. The body was covered with bed sheet. The inquest panchnama was prepared by the Police and the dead body was sent for post mortem examination.

(3.) During the course of investigation, both the accused persons were taken into custody on 1.4.86 and both the accused persons were medically examined by Dr. Chhaganlal Gaikwad (PW 19) on 2.4.86. After completion of investigation challan was filed against the accused persons before the Magistrate at Ratlam. The case was committed to the Court of Sessions and Additional Sessions Judge framed the charge under Section 302 and in the alternative under Section 302/34 IPC against both of the accused persons. The accused denied the charge and pleaded not guilty. The prosecution examined as many as 28 witnesses, whereas in defence, the accused persons examined only one witness Laxminarayan Sharma (D.W. 1). On appreciation of the evidence, learned Additional Sessions Judge found both the accused persons guilty under Section 302 IPC and sentenced them as above. Aggrieved by the judgment of conviction and sentence, the appellants have filed this appeal.