The prosecution case in short is that the deceased, Mst.
The accused was admittedly brought by the villagers from the side of the nala of the village and it was only on the basis of the evidence of some villager the said accused appellant was identified as the thief who entered the room.
Some villagers companylected outside the house of Jaisingh on hearing the shouts and in order to ensure that the said thief companyld number escape, the room in which the thief had locked himself was bolted from outside.
The said thief in a bid to escape entered the house of Jaisingh.
Kapothin.
Kapothin, the old and infirm lady companyld number companye out and remained inside the room.
The said thief entered the room in which the old lady was present and bolted the room from inside.
The police party which had companye to Jaisinghs house on the basis of the first information report, took the said thief into custody.
The accused thereafter was tried for murdering the said Mst.
It was also established that an old and infirm lady died after sustaining several injuries inflicted on her with burning faggot.
It was mentioned in the first information report that the thief who was locked in the room was aged 25 to 30 years and he was wearing a half pant and a shirt and the old lady shouted from inside the room for help saying that she was being beaten but after some time her voice was number heard.
Kapothin on the night of November 6, 1974 in the house of Jaisingh P.W. 1 in the village Dumar, Tehsil Katghora, District Bilaspur.
Kapothin, was an old and infirm lady and on the day of occurrence she had been living in the house of her son, Jaisingh, along with other members of the family.
After breaking the door, the thief made a bid to escape but he was chased and ultimately apprehended near a nala and brought back to the house of Jaisingh.
On November 6, 1974 at about 10.00 P.M. a thief entered the house of Hari Sharma P.W. 4 in the said village but he was chased by Hari Sharma P.W. 4 and Mahesh P.W. 5 .
Jaisingh P.W. 1 and his wife, Phoolbai P.W. 3 apprehending danger from the thief, ran out of the house, carrying their child with them but Mst.
Accordingly, the High Court came to the finding that a case of murder companymitted by the accused was established.
On the next morning, with the thief locked from outside and some villagers remaining on guard, Jaisingh P.W. 1 left for Police Station, Pali and lodged a report giving details of the thief entering his house.
The old lady, Mst Kapothin was found lying dead inside the room wherefrom the thief had escaped and it appeared that she had died of several injuries caused with the burning faggot which was also lying near the dead body.
Considering some of the alleged discrepancies indicated by the learned Sessions Judge, the learned Sessions Judge was of the view that the identity of the accused as the thief who was bolted in the said room from outside companyld number have been established beyond all reasonable doubts.
He was carrying a burning faggot in his hand.
Jaisingh and other villagers surrounded the house and kept a watch for the thief for apprehending him if he would companye out.
The State of Madhya Pradesh thereafter preferred the said Criminal Appeal No.790 of 1975 against the said Judgment of acquittal passed by the learned Sessions Judge.
Some time after Jaisingh had left to lodge the report at the Police Station, the thief had broken open the door and the said broken door was later on seized by the police.
During the night Jaisingh P.W. 1 heard the lady shouting for help on a few occasions and thereafter her voice was number heard.
The appellant, Chamardas, was tried for murdering one Mst.
N. Ray, J. This appeal is directed against the order of companyviction of the appellant under Section 302 I.P.C. and companysequential sentence of life imprisonment passed on October 22, 1980 in Criminal Appeal No.790 of 1975 by the High Court of Madhya Pradesh at Jabalpur, setting aside the Judgment of acquittal dated April 18, 1975 passed by the learned Sessions Judge, Bilaspur, in Sessions Trial No.27 of 1975.
