NARESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present Jail Appeal has been preferred by the appellant, challenging the judgment dated 5.2.2010 passed in Sessions Trial No. 243/2009 by Third Additional Sessions Judge, Shivpuri, whereby the Trial Court convicted the appellant for commission of offence punishable under Section 302 of IPC and sentenced to undergo Life Imprisonment and fine of Rs.5000/-, with default stipulation.

(2.) The facts necessary to be stated for disposal of the instant appeal are that on 9.6.2009 at 7.30 Shrikrishna, Bhadai and Shivcharan found a female deadbody lying in the field of Shyamlal. They informed to Village Kotwar Hakim Singh, who informed about the same to Police Station Pohri, on which merg was registered at Merg No. 16/2009. "Lash Panchnama" (Ex.P/3) was prepared and after seizing the materials from the spot, FIR at Crime No. 102/2009 was registered against unknown person. The dead body was sent for post-mortem, which was conducted on 10.6.2009. At that time, the dead body was identified to be of Vidhabai by Vaijayanti, Gayajit and Bhuribai. The statements were recorded and during investigation it was found that appellant Naresh had committed murder of deceased Vidhabai by pelting stone on her head. After completion of investigation, charge sheet was filed against the appellant under section 302 of IPC.

(3.) Appellant was tried for the offences under Section 302 of IPC. Appellant abjured his guilt. The trial Court after appreciation of evidence available on record, has convicted and sentenced the appellant as under :-