RAMCHANDRA KAHAR Vs. STATE OF M P

JUDGEMENT

(1.) The appeal has been preferred by the accused/appellant aggrieved by judgment dated 3.10.2000 delivered by IVth Addl. Sessions Judge,Rewa in ST No. 153/99 thereby convicting the appellant for commission of offence under section 302 IPC for committing murder of his wife Leelawati and daughter Santosh Kumari.

(2.) The prosecution case in short is that accused was having evil eye on his daughter and wanted to commit forcible sexual intercourse with her which used to be objected by his wife and daughter. He was also having evil eye towards another daughter Mamta. Report was lodged on 8.7.99 by Ramnaresh son of accused. He was informed by Neelesh Kumar that his mother and sister were lying dead in the house, when he enquired about his father from his brother Laxminarayan,he informed that father had taken the bicycle and had gone towards the eastern direction. For the last 2-3 days dispute was taking place in the family. Marg intimation was registered at No. 12/99 and 13/99. Investigation was done. It was found during investigation that the accused used to meet out cruel treatment to the daughter in order to commit forcible sexual intercourse with her and used to harass his wife as well as daughter. As daughter did not succumb to the lust of the accused, prior to four days of the incident, the food,etc. was locked by him in a room. Initially the police registered the case under Section 306 IPC. The trial Court framed the charge under Section 306 and in alternative under Section 302 of IPC.

(3.) Accused abjured the guilt and contended that he has been falsely implicated as his sons Laxminarayan and Ramnaresh wanted to usurp the land and the house. Santosh Kumari was having illicit relationship with Neelesh Verma,marriage of Santosh Kumar was settled and was likely to be broken, consequently, the mother and daughter have committed suicide on being objected to by the accused.