DEVRAM Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have filed the present criminal appeal being aggrieved by the judgement dated 18.12.2006, passed in Sessions Trial No.43/2006 by which learned Additional Sessions Judge, Khargone by which the appellants have been convicted under Section 302/34 and sentenced to life imprisonment with fine of Rs.200/- (additional six months in default payment) and under Section 316/34 of IPC and sentenced to 7 years rigorous imprisonment with fine of Rs.200/- and further directed that both the sentences shall run simultaneously.

(2.) As per prosecution story, on 01.02.2006, near about 8:45 AM Shyami Bai W/o Guman R/o Mohammadpur lodged a report in the Police Station Gongawa that on 31.01.2006 near about 8:00 p.m. he was in her house when her father Devaria came and told her that present appellants were beating Barki Bai and Devram was saying that she had taken money, then Shyami Bai alongwith her father came to the house and saw that husband of Barki Bai i.e. Devram and Kekadiya was beating her. Devram was having Mogri and hitting on the head of Barki Bai and other accused Kekadiya was hitting on the back of her stomach by foot when they told them not to beat her then they tried to assault them also. Thereafter, she came to her house. Next day morning, her brother Roop Singh went to the house of Barki Bai and found that she had died. The police registered an F.I.R. against the accused under crime No.37/2006 for offence under Section 302/34 of I.P.C. Investigating Officer Shri G.S. Bhadoriya (PW11) went to the spot and prepared the panchnama of the dead body and thereafter, send it to CHC, Gogawa.

(3.) Rameshchandra Parsai (PW-7) examined the dead body and found various injuries and sumbitted his report. Investigating Officer has prepared the Spot Map Ex. P/16 and collected soil and broken pieces of bangles and the clothes. The statement of witness were recorded and vide Ex. P/8, the accused persons were arrested. On their memorandum under Section 27 of the Cr.P.C. the Mogri was recovered vide Ex. P/17. Seized articles were sent to the Regional Forensic Lab, Rau. It was found that at the time of death, Barki Bai was pregnent and baby in the womb has also died because of which the charge under Section 316/34 of I.P.C. was also added.