DEEPA ALIAS DEEPCHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appeal is at the behest of Deepa alias Deepchand and Bego Bai alias Faggo Bai, who were convicted in S.T. No. 18/87, vide judgment and order dated 12-2-88, whereby appellant No. 1 Deepa alias Deep-chand was convicted for commission of the offence punishable under section 302, of the IPC, and was sentenced to imprisonment for life, whereas appellant No. 2 Bego Bai alias Faggo Bai was convicted under section 302 with the aid of section 34, of the IPC, and was sentenced to imprisonment for life.

(2.) The brief facts of the case are that there was dispute between the accused persons and Basodi in relation to the land comprising in Khasra No. 21/3, measuring 8.607 Hectare, situated in village Kachhari, P.S. Keolari, Tehsil and District Seoni. Basodi Lal claims to have received this land from the maternal grand-mother late Batto Bai, whereas on the basis of sale deed (Ex.D/5) Jeevanlal, the father of Deepa alias Deepchand and his mother Bego Bai wanted to have possession over this land. On 18-9-86, in the morning accused Deepa alias Deepchand and his mother Bego Bai reached the field which is called Talab Bali Jheel. On getting information about it from Sunita Bai (PW/10), deceased Jambati accompanied with her daughter Sona Bai (PW/8) went to the field for stopping the accused persons from cultivating the land and sowing the seeds. Jambati Bai on reaching the field stopped Deepa alias Deepchand from ploughing and sowing the field wherein an altercation took place between Jambati Bai and the accused persons. Bego Bai caught hold of the hands of deceased Jambati Bai and accused Deepa alias Deepchand stabbed her twice on the chest, as a result of which she died at the spot. Sona Bai (PW/8) gave the information of the incident to her father Shekhan Lal (PW/7), who was working in another field. Shekhanlal came to the spot and found his wife Jambati Bai dead. Shekhanlal (PW/7), husband of deceased Jambati Bai, lodged First Information Report (Ex.P/13) at Police Station, Keolari giving rise to the registration of an offence under section 302, of the IPC.

(3.) Dr. D. K. Shrivastava (PW/15), vide Post-Mortem report (Ex. P/11-A), opined that the cause of death of Jambati Bai was shock due to excessive haemorrhage, as a result of injury to vital organ (heart) of the body.