STATE OF M.P. Vs. SHYAM SINGH @ BHIMA

JUDGEMENT

(1.) This reference has been made by the First Additional Sessions Judge, Bhind (MP) in regard to confirmation of death sentence awarded vide judgment dated 22th Dec., 2011 passed in Sessions Trial No.164/2011 it has been registered as Criminal Reference No.03/2011. Appellant/accused Shyam Singh @ Bhima has also filed an appeal from jail against the same judgment dated 22th Dec., 2011 and it has been registered as Criminal Appeal No.78/2012. Since the subject matter of Criminal Reference and Criminal Appeal is the same, therefore, both are heard together and disposed of by this common judgment.

(2.) Kotwar of Village Barhad lodged a Dehati Nalishi that on 19-04-2011 at about 8:30 in the morning Karru S/o. Mohan Singh Bhadauria resident of village Barhad informed him that during the intervening night of 18-19/04/2011 Suram Singh, his wife, grandson Aman were killed by unknown persons by causing injuries on the heads and faces over the persons of the bodies of the deceased. The dead bodies had been lying over the cot. On the basis of aforesaid Dehati Nalishi (Ex.P/1) police station Mehgaon, District Bhind registered a Marg under Sec. 174 of Crimial P.C. as Marg No.789/2011 (Ex.P/26). Thereafter, the police prepared Panchanama of the dead bodies vide Ex.P/4, Ex.P/5 and Ex.P/ 6 and sent to the Hospital for postmortem. The police also seized blood-strained clothes, mosquito net (machhardani) and other articles from the spot. A spot map was prepared vide Ex.P/10. Statements of Shivram Singh and Sulekha were recorded vide Ex.P/11 and Ex.P/12. Thereafter, an FIR (Ex.P/25) was registered at police station Mehgaon, District Bhind against the accused Shyam Singh @ Bhima for commission of offence punishable under Sec. 302 of Penal Code vide Crime No.85/2011. The accused was arrested on 22-4-2011 at about 17:45 hours and arrest memo was prepared vide Ex.P/18. Thereafter, a "Sabbal" (iron rod) was seized from the accused vide seizure memo Ex.P/13. His memorandum under Sec. 27 of the Evidence Act, was recorded on 22-4-2011 at about 18:40 hours vide Ex.P/15 and Ex.P/16. Old ''Safi'' and blood-stained black coloured clothes were also seized from the accused vide Ex.P/14 and the seized articles were sent for FSL report.

(3.) After completion of investigation, charge-sheet was filed before the competent Court from where the case was committed to the Sessions Court. The learned trial Court framed the charge against the accused for commission of aforesaid offence.