BALU Vs. STATE

JUDGEMENT

(1.) Appellants challenge their conviction and sentence awarded life imprisonment for the offence of Section 302 IPC and ten years R.I. for Section 392 IPC.

(2.) D.B. Criminal Appeal No. 461/03 is the jail appeal of appellant Balu whereas, D.B. Criminal Appeal No. 462/03 is representative appeal of both and as such are decided by this judgment.

(3.) Summarizing events leading to prosecution appear to be that on 5.6.02 at about 10 AM killing Smt. Lachhi 70 years of village Bachundla she robbed of silver 'Kadiya' (weighty rings) from leg and chain from neck she observed, lying in a Nala (rainy drainage-small stream) by her husband PW/10 with many bleeding injuries at head, face and other organs, kachru PW-16 going P.S. informed at 12:30 PM of the incident and SHO PW/17 making entry in rojnamcha proceeded to spot reaching at 12:50 PM where in the 'nala' was dead body. There PW-10 orally told and lodged information that he left around 6 AM for grazing his goats and when wandering reached there near wife bleeding and dead with ornaments taken away. Alongwith his also were Karun, Puna, Sathu, The information was reduced in writing as Ex. P/3 and SHO making endorsement directing for registration of case began investigation, PW-17 investigating inspected the place of occurrence prepared site memo and there a near body was her shoes and small steel bowl which and blood, sample and also of plain soil collected, inquest that of physical condition of deceased done, postmortem performed and blood stained worn blouse also sealed.