JATHU @ JETHULAL Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the order of conviction and sentence passed by Additional Sessions Judge Sihora, Distt. Jabalpur in S.T. No. 448/1989 decided on 25.9.1995, appellant has preferred this appeal.

(2.) Appellant has been convicted under section 302 of IPC for committing murder of his three daughters, namely, Gayatri Bai, Kusum Bai, Maltho Bai and his sister Bhaggo Bai and sentenced to life imprisonment on four counts with a fine of Rs. 100/-on each count. Appellant has been further convicted under section 201 of IPC for causing disappearance of the evidence of murder and sentenced to rigorous imprisonment for three years with fine of Rs. 200/-. All the sentences were to run consecutively.

(3.) According to prosecution, few months prior to the occurrence appellant suspecting the character of his wife Sukko Bai had turned her out of his house. His wife had then started living with the sister of the appellant, namely, Bhaggo Bai. On 29.06.1989 at about 6 'O'clock in the morning at village Kapa, appellant being antagonized with his wife, killed his three daughters, namely, Gayatri Bai, Kusum Bai, and Maltho Bai by cutting them with an axe. Appellant then went to the house of Bhaggo Bai to kill his wife Sukko Bai, who was staying there, and attempted at her life by assaulting with an axe on her neck. Appellant's sister Bhaggo Bai tried to intervene, then appellant assaulted his sister Bhaggo Bai as well with an axe and killed her. Appellant's wife Sukko Bai rushed from the spot and informed the village Sarpanch and Kotwar of the incident. When the villagers and village Sarpanch Nemchand Jain reached the spot, it was found that appellant was burning dead bodies of his three daughters. The villagers tried to prevent him, but appellant threatened them to cut with an axe. The matter was then reported to the Police and FIR was lodged by Sarpanch Nemchand Jain at Police Station Majholi.