LOTAN & ANR Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 04.11.1995 passed by Additional Sessions Judge, Gadarwara in Sessions Trial No.254/94 whereby the trial Court held the appellants guilty for commission of offence punishable under Sections 302/34 and 392/397 of Indian Penal Code and awarded sentence of life imprisonment and R.I. for seven years respectively.

(2.) Prosecution case in brief is that deceased Jijibai was living in a house near the field of Heeralal. She was sleeping in the night. The appellants entered into the house of the deceased. They looted the property of the deceased. She was sleeping on a cot, her both hands were tied and appellants ablaze the deceased. On hearing the hue and cry of the deceased, Heeralal came there. Shankar and Narayan also reached on the spot. They poured water on the deceased to douse the fire. They asked from the deceased that who had committed offence. She told them that Lotan Kaurav, Raju Kaurav and his servant Gudda came there. They had beaten her and they had also stolen her ornaments and ablaze her.

(3.) Heeralal, Narayan and Shankar had taken the deceased to the Police Station on the next date of incident, i.e., 16.08.1994 at about 1.30 pm where she lodged the report which was recorded by Head Constable, Tikaram (PW-6). She was sent to hospital where she was declared dead by the Doctor.