CHHATTAR SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) BY this appeal the Appellants have challenged legality and propriety of the judgment of conviction and order of sentence dated 6-7-1989 passed by the 3rd Additional Sessions Judge, Raipur, Camp Baloda Bazaar in Sessions Trial No. 27/ 88, whereby and whereunder learned Additional Sessions Judge after holding the Appellants guilty for commission of the offence of murder in sharing common intention, convicted them under Section 302 read with Section 34 of the I.P.C. and sentenced each of them to undergo imprisonment for life.

(2.) JUDGMENT of conviction and order of sentence is challenged on the ground that without any clinching and credible evidence the Court below has convicted and sentenced the Appellants as aforementioned and thereby committed illegality.

(3.) BLUE towel, one pair of plastic shoes, one match box, three burnt match sticks, bloodstained and plain soil, burnt piece of Bidi stained with blood, three pieces of bricks stained with blood, twenty broken pieces of bangles fourteen pieces from one room and six pieces from another room, ten big and twenty-five small pieces of bricks and one pointed piece of stone were seized from the spot vide Ex.P-12. Clothes were seized from accused Chhattar Singh vide Ex.P-7. Sealed clothes of the deceased were seized vide Ex.P-8. Documents were seized vide Ex.P-9. At the time of inquest, two broken pieces of bangles and hairs from the spot and hairs from the hands of the deceased were seized vide Ex.P-11. Accused Chhattar Singh was also examined by the doctor vide Ex.P-14 and one abrasion of 3" over right thigh was found. Cloth stained with blood and bangles after removing from the hands of accused Rohibai were seized vide Ex. P-17. Nails of both the accused were seized vide Exs. P-18 and P-19. One kanthimala stained with blood was seized from accused Chhattar Singh vide Ex.P-20. Seized articles were sent for chemical analysis and presence of blood on bricks, piece of Bidi, pancha (towel), clothes of accused Chhattar Singh, pieces of nails of Chhattar Singh, kanthimala of Chhattar Singh, hairs, nails of accused Rohibai and her clothes was confirmed vide Ex. P-25. Pieces of broken bangles recovered from the spot and bangles removed from the hands of accused Rohibai were examined by the F.S.L. Sagar vide Ex. P-27, and they were found identical.