FAGU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28th of July, 1994 passed in Sessions Trial No. 144/93 by the Additional Sessions Judge, Khairagarh, Camp Court Kawardha. By the impugned judgment, the Appellant has been convicted Under Sections 302 & 201 IPC and sentenced to undergo imprisonment for life.

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

(3.) SO far as recovery of the dead body is concerned, we find from the recovery panchnama (Ex.-P/2) that the body was recovered at the instance of Samartiya Bai (PW-2 - wife of the deceased). It was not recovered at the instance of the Appellant. The Appellant was also present at the time of recovery. The recovery memo shows that the Appellant was the witness of identification of the dead body, who identified the dead body to be that of his father (Mansha Ram - since deceased). The proceedings of recovery of the dead body were conducted before Sub-Divisional Magistrate. It comes in the evidence of the witnesses that there were many inmates in the house of the Appellant, as they were living in a joint family. Therefore, the recovery of the dead body from the badi of the Appellant at the instance of Samartiya Bai (PW-2) cannot be attributed to the Appellant. Samartiya Bai (PW-2) has turned hostile. She has not supported the case of the prosecution. Even she did not support the First Information Report. She has also not supported the alleged extra-judicial confession, made by the Appellant before her prior to lodging of F.I.R., the mention of which we find in the F.I.R. Therefore, we find that the above circumstance of recovery of the dead body from their badi cannot be attributed to the Appellant.