Judgment

K.G. Balakrishnan, J. - Appellant-Shambhu and his wife Sadhna Bai were tried by the Court of Addl. Sessions Judge, Indore in Madhya Pradesh, for the offence punishable under Section 302 read with Section 34 IPC. Against the present appellant, there was also a charge under Section 376 IPC. The Sessions Judge found them ‘not guilty’ and acquitted of the charges framed against them. Aggrieved by the judgment of the Sessions Court, the State of Madhya Pradesh preferred an appeal before the High Court of Madhya Pradesh and the Division Bench of the Madhya Pradesh High Court found the present appellant guilty of offences punishable under Section 302 IPC, for having caused the death of one Sunder Bai and he was sentenced to imprisonment for life. The finding of the High Court is challenged before us.

2. The prosecution case is that on 28th June, 1986, deceased Sunder Bai went to the house of appellant Shambhu requesting him to repay the sum of Rs. 1,000/- entrusted by her with the appellant. The further case of the prosecution is that the appellant committed rape on Sunder Bai and thereafter, the appellant’s wife, Sadhna Bai poured kerosene oil on the body of Sunder Bai and the