FAKHRUDDIN Vs. STATE OF M.P

JUDGEMENT

(1.) This appeal under Sec. 374 of Cr.P.C has been preferred against the order and judgment dtd. 17/10/2007, pronounced in S.T. cNo.03/2007 by the Additional Sessions Judge, Jaora, district Ratlam, whereby the appellants have been convicted and sentenced as under :-

(2.) The prosecution story in short is that on 29/9/2006, Dehati Nalishi (Ex. P/1), was executed by Samrat Jat (PW1) at police station Piploda, recorded by O.P. Sharma (PW13) who was ASI, in which it was stated that his brother Kailash (the deceased) living alone separately had given Rs.2000.00 loan to appellant No.1 Fakhruddin and due to his subsequenting frequenting the house of appellant, gave rise in the mind of Fakhruddin a doubt about there being illicit relations between Kailash and Jamilabi, the wife of Fakhruddin. On the day of the incident, dispute arose because of non-payment of loan by the appellant. On the day of the incident, dispute arose between Kailash and appellants regarding non-payment of loan. Samrath (PW1) in his Dehati Nalishi has stated that witness Nanalal (PW7) had informed him about this dispute and told him that the appellants have tied Kailash at their well. Samrath (PW1) accompanied by other villagers went out in search of Kailash and confronted appellants who became unnerved on questioning and admitted to have strangulated the deceased (Kailash) and caused his death. The dead body of Kailash was found in the agriculture field of appellants and knotted clothes were found to be wrapped around his neck. There were marks on the grounds showing dragging of the body.

(3.) On the basis of Dehati Nalishi (Ex. P/1) Panchnama of the body was prepared and sent for postmortem report. Rest of the investigation was carried by ASI P.N. Malviya (PW15) who drew spot map, obtained the memorandum of appellant No.1, seized broken pieces of bangles from the spot, also seized bangles which were worn by the appellant No.2 and sent the bangles and broken pieces of bangles to FSL along with other articles of evidence. After investigation charge sheet was filed under Ss. 302 and 201 of IPC. The charge sheet was committed for regular trial.