RADHESHYAM @ MOTIRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants are aggrieved by the judgment dated 11.11.1997, passed in Sessions Trial No. 114/94 by the Additional Sessions Judge, Baloda Bazar, District Raipur. By the impugned judgment, they have been convicted under Section 302 IPC and sentenced to undergo R.I. for life and to pay fine of Rs. 5,000/- with default sentence of R.I. for 1 year. The facts, briefly stated, are as under:--

(2.) Dr. N.K. Shukla, learned Senior counsel appearing on behalf of the appellants has argued that there was absolutely no legal evidence against the appellants; the confessional FIR (Ex. P/25) was not admissible; there was no discovery through the FIR as the dead body was kept in the Kotha from safety point of view, because the villagers/relatives had gone to the Police Station to lodge the report after keeping the dead body in the Kotha in presence of many villagers. He further argued that when it was already in the knowledge of the Police that the dead body was kept in Kotha, the discovery statement of Radheshyam (A-1) and the Panchanama of the dead body shown to be discovered on the said statement were of no consequence. He also argued that even if the discovery portion of the FIR is admitted in evidence, that would not be admissible against the other 2 appellants namely - Jodhan (A-2) and Ramesh Kumar (A-6).

(3.) On the other hand, Mr. Rajendra Tripathi, learned Panel Lawyer appearing on behalf of the State, has opposed these arguments and supported the judgment passed by the Sessions Court.