MAHADEV Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by the appellant Mahadev against the Judgement dated 19.11.2010 and the Order on sentence dated 26.11.2010 of learned Additional Sessions Judge in Sessions Case No.33/2007 whereby he was convicted for committing offence punishable under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/-.

(2.) The prosecution allegations are that on 8.4.2007 DD No.7A was recorded by 8:25 A.M. by PS Prasad Nagar on receipt of information that a dead body (of a woman) lying in the bathroom in house No.16/698, I Block, First Floor, Bapa Nagar, Padam Singh Road. This DD was assigned to SI Kawar Singh for investigation who along with constable Kamal Singh reached the spot and found the dead body of a woman near the stairs of the first floor. The body was half naked. SI Kawar Singh recorded statement of one Ravinder Kumar, owner of the house. He disclosed to the police that on coming to know from his tenant Sukhpal at about 6:30 A.M. about dead body of a woman lying in the toilet, he reached the spot and informed the PCR at number 100 by his phone No.9210252085. He also stated that one Mahadev who used to reside as a tenant in one room was not there and his articles were missing from the tenanted room. He claimed that he had seen the deceased (whose name was ascertained to be Munni) on 07.04.2007 at about 3:30 P.M. going with Mahadev in the gali.

(3.) SI Ravinder Kumar made an endorsement on the statement and registered the FIR by sending the rukka at about 11:30 A.M. Investigation was thereafter taken over by Insp.Ashok Kumar.