PRATAPSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS Pratapsicgh and Janved have been convicted and sentenced to imprisonment for life Under Section 302 read with Section 34, Penal Code by the First Additional Sessions Judge, Bhind. They have, therefore preferred this appeal against their conviction and sentences.

(2.) APPELLANT Pratapsingh is the husband of Mst, Mahadevi (P. W. 10.) Appellant Janved is her brother. Pratapsing was residing in Kaharanka-Mohalla at Bhind while Janved is a resident of village Kaharanka pura about 6 to 7 miles from Bhind, Deceased Ramcbaran sweeper was also a resident of Bhind.

(3.) THE case of the prosecution is that on account of liason between Mst. Mahadevi (P, W. 10) wife of appellant Pratapsingh and the deceased Bamoharan both the appellants committed the murder of Ramcharan in the house of Pratap on the 11th April 1967 at about 10 P. M. and thereafter ran away leaving the dead body in the house. Head-Constable Barfraj Beg (P. W. 1) who happend to pass by the house soon after this incident was inform, ed by Mat. Mahadevi that her husband and brother had run away after committing the murder. He, therefore, lodged the report Ex. P. 1 at the Police Station at 10. 85 P. M. , on the same night. On receiving this report Rule 8. Sharma 8. 0. (P. W. 21) proceeded to the spot and reoorded the inquest report Ex. P. 21 after holding an inquest. The dead. body was then sent to Civil Hospital Bhind for post-mortem examination. Dr. S. S. Sharma (P. W. 7) performed the autopsy. He found a number of incised -wounds on the person of the deceased some of which were on the face and the neck. The atlas vertebra of the neck was cut through and through and the spinal oord was severed. In the opinion of the Doctor the death was due to the said injuries which were sufficient in the ordinary course of nature to cause death. He further opined that these injuries could be caused by the ssvord Article 'a. '