The appellant herein and three others entered in to their house armed with axe, phaliya, lathies bow arrows etc.
Trial No.
385/93 companyvicting the accused appellants under Sections 302 and 449 of the P.C. and sentencing them to imprisonment for life for the said offence was upheld subject to the modification that the appellants herein were companyvicted under Section 302/34 I.P.C. Instead of Section 302 I.P.C. The occurrence took place on 6th July, 1993 at about 4 p.m. The deceased was a lady named Keshrabai.
Allegedly, Badri assaulted the deceased.
Eight other persons had surrounded the entire house.
He found the following injuries on the persons of the dead body Incised wound on the back side of the right elbow left side of the stomach, right side of the chest, on the front of the head and behind the head and found her neck companypletely cut off The learned Sessions Judge fully relying on the evidence of the eye witness Annubai, who examined herself as P.W. 1 before the learned sessions Judge, while acquitting eight of those accused persons, who were said to have waited outside the house and who had number been named in the First Information Report recorded a judgment of companyviction and sentence against the appellant, Badri, Devsingh and Varsingh.
The appellant herein as also the said Badri preferred and appeal before the High Court.
She and her daughter Annuabai P.W.1 aged about 15 years at the relevant time were in their house.
J. Appellant with one Badri has preferred this appeal aggrieved by and dissatisfied with the judgment of companyviction and sentence date 10.8.1999 passed by a Division Bench of the High Court of Madhya Pradesh, Bench at Indore in Criminal Appeal No.
B. SINHA.
Indisputably, the deceased suffered as many as eight injuries as would appear from the deposition made by Doctor R.C. Hanotiya P.W. 11 who had companyducted the postmortem examination on the dead body of the deceased Kesharbai on 8.7.1993.
The appellant alone is thus before us.
They were also armed with deadly weapons.
787/1994 whereby and whereunder the judgment of learned Sessions Judge dated 22.11.1994 passed in Sessions.
