CHANDRABHAN SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this appeal, the appellant Chandrabhan has challenged his conviction under section 302 of the Indian Penal Code for committing the murder of Sanatkumar on 19-4 1976 for which he was sentenced to undergo imprisonment for life. The appellant was also charged under section 377 of the Indian Penal Code for committing carnal intercourse against the order of nature with the deceased, but he was acquitted of the same.

(2.) BHAGWANDAS (P. W. 8) is a teacher in the Muktanand Sanskrit vidyalaya at Kandeli, Narsimhapur. The deceased Sanatkumar was a student of this Institution for the last three years. Hiralal (P W. 2) was a College student and lived in the room which was also occupied by the appellant. Hiralal and the appellant Chandrabhan had one key each of the same lock. Onkar (P. W. 9) was also a College student having secured supplementary in the examination. Jivanlal (P. W. 10) is the friend and Ramdayal (P. W. 12) is the brother-in-law of Onkar (P. W. 9 ). Bhawani Prasad (P. W. 3) is the cousin of Hiralal (P. W. 2 ).

(3.) THE room occupied by the appellant and Hiralal (P. W. 2) was 10'x 10'. From this room there is a Pan Thela of Kalloo at a distance of 93'. From this room, there is a Chabutra of Shankarji at a distance of 26'. Nearby, there is a mercury tube the light of which falls on the Chabutra and the surrounding area. The Sanskrit school is at a distance of 470' from the room of Hiralal (P. W. 2 ).