- (1.) This criminal appeal is filed by the two appellants challenging the legality and correctness of the judgment and order of conviction and sentence passed by the High Court on 9-12-98 (reported in 1999 Cri LJ 2698) in Criminal References Nos. 3/97, 4/97 and Criminal Appeal No. 525/97 upholding convictions and sentence passed by the Additional Sessions Judge, Reeva, for offences punishable under Sections 376(2)(g), 302/34 and 201 of the Indian Penal Code. Trial Court awarded Capital Punishment to both the appellants subject to confirmation by the High Court. The High Court of Madhya Pradesh vide its judgment and order dated 9-12-98 (reported in 1999 Cri LJ 2698) upheld the conviction and confirmed death sentence of both the appellants.
(2.) The first appellant Molai (A-2) at the relevant time was working as a guard in Central Jail, Reeva. The second appellant, Santosh (A-1) was a prisoner undergoing a sentence for an offence under Section 376, I.P.C. and was kept in Central Jail, Reeva.
(3.) The prosecution case unfolded at the trial is as under : R. S. Somvanshi (PW 6) was posted as an Assistant Jailor at Central Jail, Reeva. He was having his quarter in the Jail Compound and was staying along with his wife, two daughters, namely, Naveen aged about 16 years (since deceased), Pratibha (PW 3) aged about 12 years and a son. Some more jail officers were also staying in the same jail compound. The adjoining quarter No. 3, was occupied by Mr. R. K. Mishra, Assistant Jailor and was residing with his wife Shobha Mishra (PW 2) and a daughter Ruchi Mishra (PW 1). Another neighbouring quarter was occupied by Assistant Jailor Shyamji Singh (PW 7), Krishna Kumar Pathak, who also happened to be the Assistant Jailor attached to the Central Jail, Reeva was residing in the same campus.;