ASHOK KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The judgment of the Court was delivered by Rajeev Gupta, J.- This judgment shall govern the disposal of Criminal Appeal No. 973/1989 also.

(2.) Appellants Ashok Kumar and Hariom stand convicted under Ss. 302/34 and 397/34 of the Indian Penal Code, with sentences of im-prisonment for life and 10 years' R.I. each respectively, vide judgment dated 29-6-1989, passed by Ist Additional Sessions Judge, Durg in S.T. No. 110/1988.

(3.) The short facts of the case, essential for deciding these appeals, are that Mst. Manjia Bai (since deceased) was married to prosecution witness Balkishan Gupta, who is real brother of Satairam, father of accused Ashok Kumar. Balkishan Gupta used to reside on the first floor of Qtr. No. 12, at Street No. 2 of Sector No. 6, in the town of Durg. In the night of 12-8-1987, Balkishan Gupta, after handing over an amount of Rs. 1,500/- to his wife, received by him as commission in the transaction of sale of land, had gone with his friend Mota Bhai Mansukhlal, on motor cycle. When he was coming back, his brother Satairam invited him for taking dinner with him. After taking his dinner, he came back to his house at about 9.15 p.m. and after parking his motor cycle in the garage, when he was going upstairs he saw his nephew Ashok Kumar coming downstairs with his companion. Balkishan Gupta did not take a serious note of their presence, as he felt that his nephew Ashok Kumar might have come to meet his aunt. As soon as he reached in the veranda, he saw blood-stains. On opening the doors, he found his wife lying dead, on the ground, in a pool of blood with several external injuries on her body. He came out shouting that his wife was murdered and at this juncture, his nephew Ashok Kumar and his companion fled away on their Hero Majestic moped. Balkishan Gupta tried to chase them on his motor cycle, but as in the meantime the gate at the railway crossing got closed, he came back and informed his brother Satairam and his friend Mota Bhai, about the unfortunate incident and lodged the First Information Report, at P.S. Bhilai. During the course of investigation, finger prints from the articles, lying on the place of occurrence, were gathered. Hair, found in the fist of the deceased was also seized. Accused Ashok Kumar was arrested on 15-8-1987, and his pant and shirt were seized. On his information, one hawai chappal was seized. Accused Hariom was arrested on 17-8-1986 (1987), and his pant and shirt were also seized. On his information, given under S. 27 of the Evidence Act, silver and gold ornaments were seized. On post-mortem examination, 22 external injuries were found on the body of deceased Mst. Manjia Bai. The Autopsy Surgeon has opined that Manjia Bai had died due to shock and haemorrhage, resulting from the injuries. After completing the investigation, Police, Bhilai Nagar filed charge-sheet against the accused persons for the commission of the offences under Ss. 302/34 and 397 of the Indian Penal Code (for short the 'IPC').