CHANDRESH MARSKOLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Appellant Chandresh Marskole, has filed this appeal aggrieved by the judgment and conviction dtd. 31/07/2009, passed in Sessions Trial No.06/2009 by the learned 8th Additional Sessions Judge, Bhopal, by which, the Appellant was found guilty of an offence U/s.302 of the I.P.C and sentenced to suffer rigorous imprisonment for life. A fine of Rs.5000.00 was also imposed upon him, which was deposited by the Appellant vide receipt No.59, book No. 10430 on 31/07/2009 itself. He was also found guilty of an offence U/s.201 of the I.P.C and was convicted and sentenced to suffer rigorous imprisonment for a term of three years for the said offence.

(2.) The case is entirely pivoted on circumstantial evidence. There are no eye-witnesses to the alleged murder. There is, however, an alleged eye-witness Ram Prasad (PW-9), to the disposal of the body of the deceased, by the Appellant. The deceased is a girl named Shruti Hill. The Appellant was allegedly in a relationship with her and is alleged to have murdered and disposed of her body. The motive for the crime has not been established.

(3.) On 19/08/08, the Appellant is alleged to have borrowed the Toyota Qualis vehicle, bearing No. MP04 HB 1550 belonging to Dr. Hemant Verma (hereinafter referred to as PW1), to go to Hoshangabad for some urgent work. PW1, is a Senior Resident at the Gandhi Medical College, attached to the Hamidia Hospital at Bhopal. The Appellant, at the material point of time was a student of M.B.B.S studying in the fourth (final) year and staying in room No.61 in'B' Block of the boy's hostel of Gandhi Medical College, Bhopal. PW1, though initially hesitant, gave in to the Appellant's request when he persisted. PW1 rang up his driver Ram Prasad (hereinafter referred to as PW9) and asked him to take the Appellant to Hoshangabad. Thereafter, the Appellant is said to have spoken to PW9 and asked him to get the vehicle to Boys Hostel'B' Block. Around 11.45 AM of 19/09/08, the Appellant is said to have met PW9 and introduced himself and brought a bedding from his room, which was placed in the dickey of the car and they commenced their journey towards Hoshangabad.