KISHOR Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal by the accused against his conviction under section 302, Indian Penal Code as also conviction under section 379 read with section 34, Indian Penal Code and the sentence of life imprisonment and rigorous imprisonment for 3 years respectively, passed by the Sessions Judge, East Nimar, Khandwa, in Sessions Trial Nos. 17 and 18 of 1967, dated 4-10-1967, for having committed the murders of Rasulkhan and his son Anwar- khan on 29-5-1967 at about 7 p. m. near the Chandni railway station. It was also alleged that Rs. 200 in currency notes from the possession of Rasulkhan were removed and a watch valued at Rs. 107 was removed from the possession of the deceased Anwarkhan.

(2.) THE appellant, along with four other persons, was prosecuted for the alleged offences. THE trial Judge acquitted the other four accused, namely, Rupsingh, Sitaram, Komal and Ahmad as there was no evidence against them except the testimony of the three eye-witnesses, namely, Gambhir (P. W. 1), Nathu (P.W. 2) and Babu (P.W. 3). THE trial Judge disbelieved the three eyewitnesses, as according to him, there were many infirmities in their evidence. THE present appellant was, however, convicted on the strength of the judicial confession given by him and the discovery of the wrist-watch made by the appellant in pursuance of information supplied by him. THE said wrist watch belonged to the deceased, Anwarkhan. THE motive for the offence was said to be enmity between the deceased Rasulkhan on the one hand and Sitaram and Komal on the other hand on account of the fact that Rasulkhan had not paid their wages.

(3.) MOREOVER, the identity of the wrist-watch was fully established by the testimony of Rijhumal (P. W. 12), who had sold it to Anwarkhan sometime back, vide receipt, Exh. P/8. The description in the receipt as also in the memorandum of discovery, Exh. P /12, and the seizure-memorandum, Exh. P/13, tallies. This wrist-watch was put up for a test identification conducted by Shri T. V. Thakre, Naib-Tahsildar (P. W. 25). In the test parade five wrist-watches were kept. Out of them two wrist-watches were of Henery Sandows make, two of Correx and one of Josumar make, Rijhumal (P. W. 12) and Mumtajkhan (P. W. 32) correctly identified the wrist-watch belonging to the deceased. Thus, the said discovery, in our opinion, will be an incriminating factor against the appellant, which can form the basis of a conviction.