KASHIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal under sec. 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dtd. 3/8/2011, passed by Sessions Judge Sehore in Sessions Trial No. 26/2011 whereby the appellant has been convicted under sec. 302 of the Indian Penal Code 1860 (hereinafter referred to as IPC) and sentenced to undergo imprisonment for life and fine of Rs.500.00, in default rigorous imprisonment for a period of three months.

(2.) The case of prosecution in brief is that the accused Kashiram is father-in-law and deceased Pooran Singh was father of Suresh (PW-3). On 26/11/2010 at around 10.30 pm accused Kashiram came at police station Ahmedpur, District Sehore and gave intimation to SHO Charan Singh Chauhan (PW-7) that his Samdhi deceased Pooran Singh, resident of village Gopalpura has rendered his son ill by black magic. He asked him many times to cure his son but he was not doing the same, so today i.e. 26/11/2010 at around 10.00 pm by the bank of Parva river near his field he killed the deceased Pooran Singh. About this intimation a Roznamcha Sanha ( Ex.P/14A) and thereafter at 10.35 pm Suchna Panchnama also has been written by SHO Charan Singh Chauhan (PW- 7), before witnesses Babulal (PW-1) and Pyarelal (PW-2). At 10.40 pm SHO Charan Singh Chauhan (PW-7) proceeded to the spot for verification of intimation given by accused Kashiram along with ASI P.C. Loat (PW-6), Constable 163 Mahendra, Constable 543 Manoj, Nagar Sainik 85 Kuldeep singh and the accused Kasiram, witnesses Babulal (PW-1) and Pyarelal (PW-2). In this respect Roznamcha-Sanha (Ex.P/12A) has been written.

(3.) SHO Charan Singh Chauhan (PW-7) along with police personnel and witnesses at the instance of accused reached near the agricultural field of Kashiram by the bank of Parva river in Majheda village and they had seen that Pooran Singh was lying injured on the track path of the farm. Police personnel taking the witnesses and the deceased Pooran Singh in their vehicle came to Police Thana. ASI P.C Loat (PW-6) and Constable Manoj were sent to the deceased's house in Gopalpura to intimate about his death. Constable 163 Mahendra and Sainik Kuldeep Singh took the deceased to Doctor Alok Rai (PW-8). Doctor Alok Rai (PW-8) examined Pooran Singh and declared that he was brought dead.