(1.) In the instant appeal, a challenge has been made to the order of conviction and sentence dated 09-08-2007, passed by Sessions Judge, Damoh in S.T.No.60/2006, whereby the appellant has been convicted and sentenced as under :
(2.) The prosecution case is that the accused persons had wrongly confined deceased Tulsi and Bhura in the intervening night of 27/28-01-2006 between 8 PM to 11 PM. The allegation against the appellant is that he had caused the death of deceased Tulsi and also made an attempt to commit murder of Bhura. He was prosecuted for the commission of offence under sections 342, 302, 307 and 326 of IPC alongwith one Mathura Gond. However, other co-accused has been acquitted for commission of offence under sections 302 and 120-B of IPC and he was convicted for commission of offence under section 342 of IPC and sentenced to R.I. for one year. It is alleged that the report was lodged on 27-01-2006 by Bhura in Police Station Madiado, District Damoh that Mathura and Veer Singh had called him in their house to smoke Bidi and when he was in their house, it was locked from the outside. He had spent the night on the same room. On the next day at about 9 AM Veer Singh, Mahesh, Mulli and Mani had also brought Tulsi and thereafter their hands and legs were tied with the rope and thereafter Mahesh , Mulli and Mani Gond had gone from there. Accused Veer Singh had asked Mathura to lodge the report in the police station thereafter he had also gone. It is alleged that at about 11 A.M. accused Veer Singh came alongwith an axe and lathi and surged that he would kill these two persons. The accused thereafter had amputated right hand of deceased Tulsi and victim Bhura with the help of an axe. They cried for the help but nobody came to save them. The blood was oozing from the wounds. Thereafter the police had come at the spot and deceased Tulsi and Bhura were sent for the treatment. During the course of treatment, Tulsi died due to excessive bleeding.
(3.) The Investigating Officer has carried out the investigation by effecting the seizure of blood stained soil earth and other articles. The accused persons were arrested and on the discovery statement blood stained axe was seized. The dead body was sent for autopsy and the seized articles including the weapon axe were sent for chemical examination. After the investigation, the challan was filed before the court. The accused person abjured their guilt and stated that they have been falsely implicated. It was stated by accused Veera alais Veer Singh that deceased Tulsi and Bhura had outraged the molesty of his niece Savita Rani, therefore, Tulsi and Bhura were locked in a room and Mathura was sent to inform police. He has also alleged that deceased Tulsi and Bhura had also teased and caused sexual harassment to another niece Brajrani therefore, their hands were imputed by the villagers.