UMASHANKAR PANDA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant who is in Central Jail, Indore has sent through Superintendent a Petition to set aside the impugned judgment of the Madhya Pradesh High Court, Bench at Indore confirming the death sentence imposed by the First Additional Sessions Judge, Ujjain. The said Petition was taken on file as Special Leave Petition and this Court after granting leave called for the records from the trial Court. The High Court was also requested to transmit to this Court the copies each of the judgment of the High Court as well as the trial Court.

(2.) THIS appeal is directed against the judgment of the Division Bench of the Madhya Pradesh High Court, Bench at Indore in Death Reference No. 2/95 and Criminal Appeal No. 173/95. The appellant accused was convicted under section 302 I.P.C. for having committed murder of his wife Krishna Bai, daughter Jyoti aged 10 years, daughter Rekha aged 16 years and under section 307 I.P.C. for attempt to commit murder of his daughter Komal aged 10 years, son Balakrishan aged 12 years and another son Sonu aged 7 years on the intervening night of 20th and 21st February, 1994 in Village Laxmipura, Police Station Kayatha District Ujjain. The prosecution case is as follows:

(3.) THE autopsy on the body of Rekha aged about 16 years was conducted by Dr. Arvind Dashottar (P.W. 3) on 21.2.1994 and the following injuries were found on the body of the deceased Rekha : -