KAMLESH Vs. STATE OF MP

JUDGEMENT

(1.) The judgment passed in this appeal shall also govern the disposal of connected Criminal Appeal No. 28/01 filed on behalf of Mahila Shakuntala. Indeed, Manila Shakuntala is also appellant No. 2 in this appeal. Feeling aggrieved by the judgment of conviction and order of sentence dated 10.11.2000 passed by the learned Sessions Judge, Morena in Sessions Trial No. 384/99 convicting the appellant No. 1 Kamlesh under section 302 of IPC (on two counts) and appellant No. 2- Shakuntala under section 201 of IPC and thereby sentencing them to suffer life imprisonment and three years RI and fine of Rs. 1,000/- respectively, in default of fine, further RI three months, the appellants have knocked the doors of this Court by preferring this appeal u/s. 374 (2) of Code of Criminal Procedure, 1973.

(2.) The admitted facts are that appellant No. 2 Shakuntala is the daughter of Ramesh and Ganeshi Bai (hereinafter referred to as "the deceased") and appellant No. 1 Kamlesh is the husband of Shakuntala. On the date of incident i.e. on 04.10.1999 these two appellants were inside the house of the deceased persons.

(3.) In brief, the case of prosecution is that appellant No. 1 Kamlesh was insisting the deceased persons to accompany his wife appellant No. 2- Shakuntala, who was residing with them, but the deceased persons were not sending their daughter along with her husband (appellant No. 1- Kamlesh) and for this reason some altercation was taking place between appellant No. 1 - Kamlesh and the deceased persons. It is said that in the late night at 1.30 of 4.10.1999 appellant No. 2 Shakuntala went to the house of Hotam, who was residing in front of the house of the deceased persons and told that something had happened to her mother. In the meantime, the neighbours also wake up and all of them went to the house of deceased persons. While these persons were entering inside the said house, the appellant No. 1- Kamlesh came out from the house and on being asked by the neighbours from him that how the incident had occurred, it was told by him that he would have been killed by the miscreants and with great efforts he has been saved. Further he stated that two miscreants after killing the deceased persons had ran away. On being asked from appellant No. 1- Kamlesh by the neighbours of the deceased persons as to whether he identified the miscreants he answered in nagative. The neighbours found that the deceased persons were lying dead. After seeing the dead body of the deceased persons, Ramvilas, Munshi, Bhoora and Prem Singh went to Patel Ke Pura, where they informed about the incident to up-sarpanch Jagdish Yadav as a result of which he (Jagdish) telephonically informed the police control room at Morena.