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2005 Supreme(MP) 460

RAJEEV GUPTA, S.K.KULSHRESTHA
Mansukh Gond. – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
P.C.PATEL, Raman Patel, S.K.RAI,

Judgment

( 1. ) THIS appeal is directed against the judgment dated 15-11-1994 of the learned 2nd Additional Sessions Judge, Jabalpur in Sessions Trial No. 519/1994, by which the appellants have been convicted under Section 302 read with Section 34 of the IPC, and each has been sentenced thereunder to Imprisonment for Life and fine of Rs. 100/-, and on failure to deposit fine, further imprisonment of 2 months for having voluntarily caused the death of Bal Singh on the night of 4-1-94, at about 9. 30 PM, in Village Daddar Gavan, Barhatola, by first strangulating him and then burning his body.

( 2. ) THE current case is also an instance of faith of the illiterate rustics in the witch-craft. It is stated by the prosecution that on account of the demise of two sons of accused Mansukh and indisposition of his father which he attributed to the witch- craft that the deceased practiced, the accused persons with a view to cause his death, first strangulated him and thereafter set him afire. The deceased and his brother Ballu Singh had stored their crop in the barn and they used to go to the field at night to keep watch on their separate holdings, of the crop. Ballu Singh had come to the house










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