PRATAP Vs. STATE OF MP

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 17-6-2002 passed by Special Judge and Additional Sessions Judge, Guna in Sessions Trial No.149/1991, by which the appellant has been convicted under Section 302 (on two counts), Sections 307 and 309 of I.P.C. and has been sentenced to undergo Life Imprisonment and a fine of Rs.500/- with default imprisonment for offence under Section 302 of I.P.C.(on two counts for killing Ms. Rekhabai and Rajesh), under Section 307 of I.P.C. for rigorous imprisonment of 10 years and fine of Rs.500/- with default imprisonment and for offence under Section 309 of I.P.C. for simple imprisonment of 6 months. All the sentences have been directed to run concurrently.

(2.) The necessary facts for the disposal of the present appeal in short are that on 7-4-1991, at about 10:45 A.M., an F.I.R. was lodged by Gendalal (P.W.1), alleging therein that at about 6 A.M., he was sleeping in his house along with his wife. He heard the screaming and, therefore, he and his wife came out of the house and found that the appellant was assaulting his wife Munnibai. When he and his wife Smt. Sumitra Bai, tried to save the injured Munnibai, then the appellant ran after them. It was alleged that the appellant Pratap had killed his own children Ms. Rekhabai and his son Rajesh by farsa and has thereafter ran away from the spot. On the basis of the oral information given by Gendalal (P.W.1), the police registered the F.I.R. The dead bodies of Ms. Rekhabai and Rajesh, were sent for postmortem. Spot map, Ex.P.5 was prepared. Plain and blood stained earth was seized from the spot vide seizure memo Ex. P.6, P.7 and P.8. The injured Munnibai was sent for treatment. The appellant Pratap was arrested vide arrest memo Ex.P.23. The confessional statement, Ex. P.24 was recorded. At the instance of appellant, one farsa and one blood stained shirt was seized from the possession of the appellant vide seizure memo Ex.P.13. After completing the investigation, the police filed the charge sheet against the appellant for offence under Sections 302,307 and 309 of I.P.C.

(3.) The Trial Court by order dated 17-5-1991, framed charges under Sections 302 (on two counts), 307 and 309 of I.P.C. The appellant abjured his guilt and pleaded not guilty.