H.C.P. Tripathi, J. - (1.) These two Appellants have been convicted by the learned Sessions Judge of Shanjahanpur of an offence under Sec. 302/34 IPC and each of them has been sentenced to death. They have come up in appeal against their conviction and sentence and the learned Sessions Judge has made the usual reference for the confirmation of the sentence of death inflicted on each of them.
(2.) The prosecution case in short is as follows: Smt. Bhagga aged about 17 years (the victim in this case) was the married daughter of Kadher Teli of village Balma. Two months prior to the occurrence she had come to her father and had been living with him. On 20th March, 1965, at about 4 p.m. Smt. Bhagga was found lying dead in the Arhar field of Kadher Kachi (not to be confused with Kadher Teli) with a serious injury in her abdominal region. An information was lodged with the police by Mangli Ghaukidar of the village at P.S. Tilhar on the same date at 5.25 p.m. on the basis of which a case was registered and investigation followed.
(3.) Sub Inspector Ram Kumar (P.W. 13) reached the village in the evening and found the dead body of a woman lying in the field. He prepared a site plan and sent the dead body for post mortem examination. He interrogated Kadher Teli and Smt. Kituka father and mother of the deceased and some old villagers.;