RAMBHAROSE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These two appeals (CRA-1084-1994 and CRA-1090-1994) have been filed against common judgment dated 03.09.1994 passed in Sessions Trial No.68/1991 by the Second Additional Sessions Judge, Mandla. Hence, both the appeals are heard together and are decided by this common judgment.

(2.) The trial Court held the appellant Rambharose guilty for commission offence punishable under Section 120-B of IPC and awarded sentence for life imprisonment. The trial Court also held appellant-Umabai guilty for commission of offence punishable under Sections 120-B and 201 of IPC and awarded sentence of life imprisonment and RI three years respectively alongwith fine amount of Rs.500/- with default stipulation SI two months. The trial Court ordered that the sentences shall run concurrently.

(3.) Prosecution story in brief is that, deceased Bhawani was married with appellant Uma Dehariya. She was posted as A.N.M. Nurse at Kindri. She was living in the house of appellantRambharose. A love relationship developed between appellantRambharose and Uma Dehariya. Husband of Uma Dehariya had come to Kindri and he came to know that appellant-Uma Dehariya was having illicit relationship with another co-accused Rambharose. On the date of incident i.e. on 7.6.1990, Uma Dehariya was on a tour and the dead body of the deceased was found in the house. When she returned back from the tour, she noticed that the deceased (her husband) was died. She made hue and cry and thereafter, a report of the incident was lodged. In postmortem examination, it was noticed by the doctor that deceased received antimortem injuries. Hence, the appellants were prosecuted for the offence. After investigation, the police filed a charge-sheet. The appellants abjured their guilt. The trial Court after appreciation of evidence held the appellants guilty for commission of the offence and awarded sentence as mentioned in the judgment.