VIJAY KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23rd of November, 1993 passed in Sessions Trial No. 32/93 by the Additional Sessions Judge, Khairagarh, Link Court Kawardha. By the impugned judgment, Appellant No. l has been convicted Under Section s 302 & 201 IPC and Appellant No. 2 has been convicted under Section 201 IPC. Appellant No. l has been sentenced to undergo imprisonment for life & R.I. for 3 years and Appellant No. 2 has been sentenced to undergo R.I. for 3 years.

(2.) The facts, briefly stated, are as under:

(3.) Mr. P.K.C. Tiwari, learned Sr. Advocate appearing on behalf of the Appellants, would submit that it was a case of natural death. He would further submit that many family meTnbers of the deceased, including brothers, sister-in-law and mother had visited the house of the Appellants and they participated in cremation, but they did not raise any objection at that time. Even no objection was raised till filing of the written report on 2.1.93. This report was lodged after inordinate delay. The Sessions Judge has placed reliance on the opinion of the Doctors that it was a homicidal death which was based on 3 fractures found over the body. He would also submit that, in fact, those fractures were on account of handling of the dead body and its cremation by putting heavy stones and soil and there was also a possibility of receiving fractures at the time of exhumation of the body. Therefore,, the opinion of the Autopsy Surgeons was not founded on positive symptoms and Unassailable evidence of throttling and murder. The Sessions Judge thus erred in law in holding that the deceased died homicidal death.