RAGHUBIR SINGH MEENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by the judgment dated 8.11.2005 passed by the 10th Additional Sessions Judge, (Fast Track) Bhopal in S.T.No. 235/04 whereby the appellant has been found guilty of an offence punishable under section 302 of the IPC and has been sentenced to life imprisonment, for life with fine of Rs.1000/- and in default thereof, to undergo further R.I. for one year. It is pertinent to note that the appellant has been found guilty of offence punishable under section 302 of the IPC on both counts in as much as he has been found guilty of committing the double murder of Radhiya Bai and Jaswant Singh.

(2.) The prosecution case in brief is that Man Singh PW-10 gave an intimation at police station Sukhi Sevaniya, Bhopal to the effect that while he was travelling on the road at about 11.30.AM, he saw Raghubir who was travelling in a scooter, ahead of him, hit Radhiya Bai from behind with the scooter while she was walking on the road and thereafter take out an axe and deliver several blows on her head and neck with the axe. Man Singh PW-10 further informed the police that appellant Raghubir thereafter ran to the adjoining field where the other deceased Jawant Singh was working and assaulted him also by delivering several blows with the axe on his back and neck and thereafter ran away from the spot. Man Singh PW-10 also informed the police that the incident was also seen by Gulab Singh PW-9 and Ram Charan PW-5 but Ram Charan, who is the father of deceased Raghubir, was prevented from intervening by Santosh who was also working in the field. On receiving the aforesaid information, the police recorded a Dehati Nalsi Ex.P/19 and thereafter the criminal law was set in motion.

(3.) The trial Court on the basis of the statements of three eye witnesses; namely Gulab Singh PW-9, Ram Charan PW-5 and Man Singh PW-10 as well as the fact of recovery of the offending weapon i.e. the axe that was used in the commission of the offence from the accused appellant vide Ex.P/32, which has been proved by the Investigating Officer Usha Tiwari PW-14, has recorded a finding of conviction against the appellant on two counts for having committed the murder of both Radhiya Bai and Jaswant Singh.