LAWS(MPH)-2018-1-263

MAHESH AND ANOTHER Vs. STATE OF MADHYA PRADESH

Decided On January 17, 2018
Mahesh And Another Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved by the impugned judgment dated 13.5.2004 passed by the Addl. Sessions Judge, Sohagpur, District Hoshangabad, in Sessions Trial No.78/2001 whereby appellants no.1 and 2 have been convicted under Section 302 of IPC and both of them have been sentenced to undergo life imprisonment along with fine of Rs.500/-; in default of payment of fine, additional three months RI.

(2.) In brief, the relevant facts of the case are that appellants no.1 and 2 are husband and wife and the appellants and the deceased were neighbours. It is also admitted that prior to a year of the incident, deceased Randhir had committed rape with appellant no.2 Hasinabai and against him criminal proceedings were pending. As per the prosecution story, a day before the incident, altercation had taken place between appellant Mahesh and deceased Mohan and Randhir. On 9.12.2000 nearabout 3.30 PM while deceased Mohan and Randhir were returning from village Bankhedi in the field of one Pujari appellant Mahesh armed with axe and Hasinabai armed with 'tami' assaulted deceased Mohan and Randhir on account of the incident of rape, taken place a year before. Appellants dealt with many blows on the person of deceased Mohan and Randhir. They fell down on account of the injuries sustained by them. It is alleged that the incident was seen by complainant Bajarilal, PW1, father of deceased Mohan and grandfather of deceased Randhir, while he was going towards village Bankhedi in search of the deceased, as they have not returned home since morning. One Jitendra Kumar Paliya, PW16, informed the police telephonically about the incident on which the police party reached the spot, which was between village Kalkui and Panjara. However, on the information of complainant Bazarilal, PW1, Dehati Nalishi was recorded vide Ex.P/3 and Marg Intimation of deceased Mohan and Randhir were recorded vide Ex.P/1 and P/2. On the basis of Dehati Nalishi, Ex.P/3 and Marg Intimation, Ex.P/1 and P/2, FIR was registered vide crime no.195/2000 at Police Station Bankhedi for the offence punishable under sections 302, 341 and 34 of the I.P.C. During investigation, autopsy was conducted by Dr.S.K.Chandaiya, PW19. From the spot, one pair of ladies slipper was recovered. Appellants were arrested and at their instance weapons were recovered and blood stain clothes of appellant no.1 was also recovered which was sent to FSL for chemical examination. On the aforesaid articles presence of human blood was found. After completion of investigation the charge-sheet was filed before the ACJM Pipariya and the case was committed to the Court of Sessions, Hoshangabad, who transferred the case to the court of Addl. Sessions Judge.

(3.) During trial appellants accused were charged with the offence under sections 302 of the I.P.C. They abjured the guilt and claimed to be tried. In defence, appellants stated that they are innocent and have been falsely implicated on the ground of previous enmity. However, no evidence has been adduced in defence.