WAZIR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 1-10-1994 passed by the Sessions Judge, khandwa in S. T. No. 104/94 whereby each one of the appellants was convicted and sentenced as under :-Convicted under Section sentenced to 342 read with S. 34 of the IPC undergo PI for six months 147 of IPC undergo RI six months. 304 Part II read with S. 149 of IPC undergo RI for three years. with the direction that the jail sentences shall run concurrently

(2.) THE prosecution story, in short, may be narrated as under :

(3.) ON being charged with the offences punishable under Sections 147, 342 read with 34 and 302 read with 149 of the IPC, the appellants abjured the guilt and pleaded false implication due to prevailing animosity. It was also suggested that in an unsuccessful bid to escape after committing rape on A2's wife Durga Bai in the room where she was sleeping. Motiram received injuries and was apprehended. In pursuance of the defence, all the appellants, in the examination, under Section 313 of the Code of Criminal procedure, admitted that kotwar hariram had come to the spot only after being informed by A1 about the arrest of motiram. No witness was called in defence.