SHIV AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellants being aggrieved by the judgment dated 21.07.2004 passed by the Additional Sessions Judge, Multai District Betul in S.T. No. 28/2004 by which the trial court has held the appellants guilty of an offence punishable under section 302 of the Indian Penal Code and sentenced them to undergo life imprisonment.

(2.) The prosecution case, in brief, is that on 05.11.2003 at about 3:00 in the afternoon when the deceased Ramiya Bai along with her daughter Mamta alias Babli, PW-1 were harvesting Kutki in their field, they were attacked by the appellants and one Chandrasu who was a juvenile at the time of commission of the offence, with a Ballam (spear), Gupti (knife) and a stick respectively. According to the prosecution, when Mamta alias Babli PW-1 tried to intervene, the appellants threatened her on account of which she ran away from the spot and shouted for help, hearing which Jal Singh and Shyamrao came to the spot whereafter the appellants ran away after threatening Mamta alias Babli PW-1.

(3.) As many as 18 injuries were inflicted upon the deceased Ramiya Bai who succumbed to her injuries on the spot itself specifically on account of injury no. 18 on the left side of the back which actually cut through her stomach and her entrails were protruding from the same.