AMIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AMIYA and Mst. Madi the appellants, were convicted under Sections 302 and 201, IPC and each was sentenced to imprisonment for life on the first count and three years' rigorous imprisonment with a fine of Rs. 100/ -, in default of payment of fine to further undergo four month' rigorous imprisonment on the second count by the learned additional Sessions Judge (1), Jodhpur by his judgment dated November 8, 1976. They have come -up in appeal and challenged their conviction.

(2.) BRIEFLY recounted, the facts and circumstances leading to the prosecution and conviction of the appellants may be summed -up as under: Baldeo Bhat had two wives Smt. Madi and Smt. Magni. He was residing with them in village Gajsinghpura, He passed away two or three years before August, 1975. His widows continued to live together in the same house, but the mutation of his fields was entered separately in favour of each. Smt. Magni, aged about 35 years at the time of her murder, had no issue while Smt. Madi (the appellant) has two daughters. Smt. Sayri and Smt. Jetabai by name. Smt. Sayri is married to the appellant Amiya while Jetabai is married to one Banshi. Accused Amiya has a son by name Gopiya. Smt. Madi, aged about 70 years in 1975, wanted to adopt Gopiya as the son. Smt. Magni, however, opposed this proposed adoption. Smt. Madi and Amiya therefore, took Smt. Magni as a hurdle in the proposed adoption and hatched a plan to finish her for ever.

(3.) WE have heard the learned Counsel for the appellants and the learned Public Prosecutor. We have also gone through the case file carefully.