RATANIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have filed the present appeal being aggrieved by judgment dated 29.06.2006 by which they have been convicted under Section 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.1,000-00, with default stipulation.

(2.) That late Premsingh and appellant No.1 Rataniya are real brothers and appellant no.2 is the wife of late Prem singh . A FIR was lodged by Dilu s/o late Premsingh in a Police Station Ambua, District Jhabua on 31.10.2005 which was registered as Crime No.166/2005 and according to which on 30.10.2005 near about 8.00 PM in the night that his mother Chhaganibai- appellant no.2 went with appellant No.1 Rataniya appellant No.1 to do the labour job despite objection taken by his father Premsingh . They did not return in the night and came back to the house next day in the evening. When late Premsingh was sleeping inside the room, appellant No.1,the appellant Rataniya came running inside the house with the knife in his hand, the appellant No.2 Chhaganibai caught hold legs of Premsingh and Rataniya has cut his throat from the knife .

(3.) After registration of the FIR (Ex.P/1), the investigation set into the motion. The statement of Heeru was recorded as Ex.P/2. The Rataniya was arrested vide Arrest Memo Ex.P/3. The Chhaganibai was also arrested vide Arrest Memo Ex.P/4. The knife, containing the blood stains, was seized vide Ex.P/6. The body was sent for postmortem and as per Ex.P/9 Dr. P. Dhoke conducted autopsy on the dead body and vide postmortem report Ex.P/10 found following injuries on the body of deceased :-