Arijit Pasayat, J. - (1.) Heard learned counsel for the parties.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court directing acquittal of the respondents Munni Bai and Gendalal. The accused persons faced trial for alleged commission of offences punishable under Section 302 and Section 328 read with Section 34 of the Indian Penal Code, 1860 (in short IPC). The accused persons were found guilty and sentenced to undergo imprisonment for life and five years by learned Additional Sessions Judge, Gadarwara.
(3.) The prosecution version as unfolded during trial is as follows : Munni Bai (PW. 3) is a professional dancer and prior to the date of incident, she used to reside with Tirath Singh (hereinafter referred to as deceased) as his keep. Accused Gendalal and accused Mulayam Singh (since absconding) wanted that Munni Bai should live with them as keep, but she was not willing. While Munni Bai was staying with deceased Tirth Singh accused Gendalal and accused Mulayam Singh came to the village and invited them for dance function in the village. On their invitation, the deceased and Munni Bai came to village Sirsiri, where they were kept at the residence of one Shankar Barua. There they ate Roti and Dal; brought by Gendalal and Accused Mulayam Singh spent the night in the house of Shankar Barua. In the morning, (Munni Bai) PW3, intended going to village Oriya but was stopped by accused Mulayam Singh and he stated that dance and song programme shall be held. Around noon time accused Mulayam Singh took her and deceased Tirath Singh for taking food at the residence of Gendalal. Munni Bai and deceased Tirath took food at the residence of Gendalal and slept there. When they woke up in the evening, deceased and accused persons smoked Ganja and took Thandai. Thereafter, accused Mulayam Singh and Gendalal Singh brought two plates containing food articles including Halua. While P. W. 3 Munni Bai ate Halua, she found the taste to be pungent and thereafter she did not further eat the Halua. After taking the food, deceased Tirath Singh and Munni Bai became unconscious and thereafter they were taken by Gendalal and accused Mulayam Singh to the residence of Shankar Barua and thereafter to the house of (Bhagwat Singh) P. W. 13. From there, the deceased was taken to village Oriya Ghat in a bullock cart. While he was being taken to Udaipur hospital by his brother (Khet Singh) P. W. 12, he died and the dead body was taken to the Udaipur Police Station. Information was recorded at the village and the same was forwarded to Saikheda Police Station on the basis of which offence under Section 328 and 302 of the Indian Penal Code was registered. ;