MANGAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) As both these appeals have been filed under Section 374(2) of the Code of Criminal Procedure by the accused Mangal Singh being aggrieved by the common conviction order dated 20.05.1994 passed by First Additional Sessions Judge, Nimad in Session Trial No. 82/1990 and 83/1990, whereby the appellant/accused has been convicted under Section 302 of the Indian Penal Code and sentenced for life imprisonment with fine of Rs. 200/- and in default of payment of fine, additional R.I for one month (two counts), we propose to deal with the matter analogously and dispose of both the appeals by this common order.

(2.) The prosecution case, in brief, is that on 19.01.1990, dead bodies of two women identified as Foolbai and Shyambai were found in the field of Rajaram at village Sirpur District Khandwa. They were murdered. On the information, murg No. 01/1990 and 02/1990 were registered under Section 174 of Cr.P.C. by police Station Moghat Road, Khandwa. During the enquiry, it was found that two ladies from village Udaypur were missing since 18.01.1990. Ramesh (PW-1) identified the deceased as his mother Shyambai and his sister Foolbai. It was revealed that due to illicit relation with the appellant, deceased Foolbai was pregnant and the appellant took Foolbai to Khandwa for abortion along with her mother Shyambai. Thereafter, they went to village Sirpur. At Sirpur, appellantaccused Mangal Singh committed rape with deceased Foolbai and then strangulated her to death with the help of co-accussed Heeralal. Then, both the accused persons committed rape with Shyambai then killed her. Thereafter, they smashed (crushed) their face with stone to conceal the identity of the deceased.

(3.) After due investigation, police registered offence under Section 376, 302 and 201 of the Indian Penal Code against the appellant Mangal Singh and co-accused Heeralal. Charge-sheet was filed. Then case was committed to the Trial Court. Learned Trial court framed charges under Section 376, 302 and 201 of IPC against the appellant. The appellant abjured the guilt and pleaded that he was falsely implicated in the case and he is innocent. No defence witness has been examined by him.