LAWS(MPH)-2022-9-82

SAROJ SEN Vs. STATE OF MADHYA PRADESH

Decided On September 23, 2022
Saroj Sen Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No.1438/2010 and Criminal No.2147/2010. Since the court below passed the impugned judgment dtd. 28/6/2010, which are arising of the same incident, on the joint request of the parties, these appeals were analogously heard and decided by this common judgment.

(2.) These criminal appeals are directed against the judgment dtd. 28/6/2010 passed in Sessions Trial No.619/2009 passed by IXth Additional Sessions Judge, Bhopal. The Court below convicted the appellants under sec. 302/120-B of the IPC and sentenced them to undergo imprisonment for life and fine of Rs.5,000.00, with default stipulation to each of the appellants.

(3.) The prosecution story in nutshell is that one Sadaram (PW-14) gave intimation on 4/7/2009 to Police Station Pipalani, District Bhopal that one person is found dead near Dushehra ground and the dead body is full of blood, on this marg intimation (Ex.P/25) was registered. SHO R.R. Bansal (PW-18) on the same day i.e. 4/7/2009 at 8.30 am proceeded to the spot for the verification of the aforesaid intimation and found that a dead body was lying on Dushehra ground, in front of Akashwani Centre Jamboori. Pooran Singh (PW-5) identified that the body is of deceased Ramratan in presence of witnesses Sadaram (PW-14) and Achchhelal (PW-6). R.R. Bansal (PW-18) prepared Shinakhtagi Panchnama (Ex.P/13). R.R. Bansal (PW-18) after giving notice (Ex.P/10) prepared panchnama Lash (Ex. P/9). He also found that there are many cut injuries on the body of the deceased Ramratan. Therefore, he lodged a Dehati Nalsi (Ex.P/29) at 09.15 am against unknown person and on the basis of the same he also lodged an FIR (Ex.P/27) on the same day at around 10 am against an unknown person.