STATE OF MADHYA PRADESH Vs. DHANESHWAR SONI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 6.6.1997 passed by Sessions Judge, Raipur in Sessions Trial No. 52/1996 acquitting the respondent/accused of the charge under Sections 302 and 457 IPC. In the case in hand there are two deceased namely Narendra Singh Thakur and Motilal Gupta. As per the case of the prosecution, in the intervening night of 5/6.10.1995 respondent/accused entered the office of M.P.A.K.V.N. for committing theft and found both the deceased who were working there as security guards, sleeping. Further case of the prosecution is that before committing the theft, respondent/accused committed the murder of both the deceased by assaulting with hammer and crowbar and thereby causing injury on their head. It is alleged that respondent/accused failed to commit the offence of theft and when he was running away from the spot, he met V.K. Pandey (PW-8) - SHO of police station City Kotwali, Raipur and some other officers and during interrogation he failed to give satisfactory answer but later on he confessed that he was running away after committing the murder of Narendra Singh Thakur and Motilal Gupta. On 6.10.1995 at 4.45 a.m. memorandum of respondent/accused Ex. P-1 was recorded and based on that at 4.50 a.m. recovery of two dead bodies was made vide Ex. P-2. At the spot itself Dehati Nalisi Ex. P-18 was recorded at 4.55 a.m. by V.K. Pandey (PW-8) and subsequently registered Dehati Nalisi Ex. P-17 was recorded at 5.05 a.m. by V.K. Pandey (PW-8) himself. Merger intimation Ex. P-19 was recorded at 5.10 a.m. by V.K. Pandey (PW-8) and based on that, two separate FIRs were registered vide Ex. P-23 and P-24 by S.K. Jangde at 5.25 and 5.35 a.m. respectively against the respondent/accused under Section 302 IPC. Other memorandum of respondent/accused was recorded at 6.25 a.m. vide Ex. P-3 and based on that, recovery was made vide Ex. P-4 at 8 a.m. by which one hammer, crowbar and key bunch were seized at the instance of respondent/accused. Postmortem examination on the dead bodies of the deceased was conducted on 6.10.1995 vide Ex. P-15 and P-16 by Dr. Arvind Nerulwar (PW-6) and according to him cause of death was coma due to head injuries. After completion of investigation, charge-sheet was filed on 30.12.1995 under Section 302 IPC.

(2.) In support of its case the prosecution has examined 08 witnesses. Statement of the respondent/accused was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.

(3.) By the judgment impugned the Court below has acquitted the respondent/accused of the charges leveled against him. Hence this appeal.