BABLU ALIAS MAHENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE judgment passed in this appeal shall also govern the disposal of connected appeals, Cr. A. No. 1051/99 (Anil alias Babbi alias chhotu v. State of M. P.) and Cr. A. No. 1199/99 (Satish alias Bhura Choudhary v. State of M. P.) since these appeals have also arisen from impugned judgment.

(2.) FEELING aggrieved by the judgment of conviction and order of sentence dated 23-2-1999 passed by learned II Additional sessions Judge, Jabalpur in Sessions Trial No. 276/96 convicting the appellant under sections 450, 380 read with Section 34 as well as under Section 302/34 of I. P. C. and thereby sentencing him to suffer imprisonment as mentioned in the impugned judgment, this appeal has been preferred under section 374 (2) of the Code of Criminal Procedure, 1973.

(3.) IN brief the case of prosecution is that on 26-7-1995 complainant Keshav Prasad rajoriya went from his residence to his work place "kailash Automobiles" leaving behind his wife Shanta Rajoriya (hereinafter referred to as 'the deceased') in the house. In the evening when he arrived at his residence, he found that the doors of his house were opened and on entering inside the house he found that the household goods were lying here and there. The complainant by calling his wife when entered in the bathroom found her to be dead. She was strangulated by gamchha (towel ). Immediately complainant called his neighbour Suresh Roopchandani who also saw the dead body of the deceased. The police was informed about the incident on telephone. The complainant checked his household goods and found that apart from cash Rs. 10,000/-, two gold bangles, ring, chain, Bunde (ear tops) of his wife have been stolen. The police personnel registered a dehati Nalishi at the spot.