GUDDA @ DWARIKENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against the judgment and order passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Reference No. 03 of 2010 and Criminal Appeal No.2246 of 2010, dated 16.01.2012. By the common impugned judgment and order, the High Court has confirmed the judgment and order passed by the Additional Sessions Judge, Satna, in Sessions Trial No.257 of 2007, dated 07.09.2010, whereby and whereunder the learned Sessions Judge has convicted the appellant for offence punishable under Section 302 of Indian Penal Code, 1860 (for short, 'the IPC') and sentenced him to death.

(3.) The Prosecution case : On 28.05.2007, at around 12:20 p.m., Dehati Nalishi (Ex. P-10) was recorded by the Investigating Officer (PW-19) on the basis of information received from the complainant-Ramesh Prasad Gupta (PW-4) regarding murder of his nephew Sunil Gupta, his daughter-in-law Pushpa Gupta and grandson Gaurav, aged 5 years by the appellant in his rented house. Thereafter, an FIR was registered for the offence punishable under Section 302 of the IPC, inquest proceedings were conducted and the dead bodies were sent for post-mortem examination. On further investigation, blood-stained pieces of wall, cement floor, etc. along with a mobile phone, a Katar (sharp edged weapon) and the Motorcycle of the deceased were seized from the appellant's house. On 31.05.2007, the appellant was arrested and at his instance an iron knife was recovered and sent for forensic examination.