MANISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal appeal filed under Sec. 374 (2) of Code of Criminal Procedure takes exception to the judgment dtd. 7/12/2011 passed in Sessions case No.347 of 2010 decided by learned Additional Sessions Judge, Amarwada, District Chhindwara, whereby appellant was held guilty for committing offence under Sec. 302 of IPC and directed to undergo sentence of life imprisonment with a fine of Rs.1000.00 with default stipulation.

(2.) In short, the case of prosecution is that the complainant Kavita Bai (PW-1) lodged a report on 14/10/2010 that she, her mother Sukko Bai and younger sister Prita were working on their agricultural field. The elder sister Lalita was at home. After performing the agricultural work and after taking the material arising therefrom, she reached to her house. When the bundle of chaff placed in the Courtyard, Kavita Bai (PW-1) found that her brother-in-law Manish Verma (appellant) came out of the house and fled away towards Rajgurupipariya. Appellant was wearing white shirt and pant, while coming out of the house his sunglasses fell down in the courtyard. Kavita Bai (PW-1) with the aid of a lamp entered the 'manjhota' where her elder sister was lying and there was an injury on the right side of her head and she was bleeding profusely. 'Vasoola' and 'Hansiya' were found near her body. Kavita Bai (PW-1) called her mother and they found that Lalita is no more.

(3.) Dehati Nalishi (Exhibit P-2) was promptly recorded at 18:40 O'clock whereas incident was shown to be of 17:30 O'clock whereas Dehati Marg intimation was recorded 10 minutes thereafter on 14/10/2010 at 18:50 o'clock. On the basis of this prosecution story narrated in the Dehati Nalishi, the FIR was registered on 14/10/2010 at 22:10 hours (Exhibit P/12). In turn, the investigation commenced and appellant was arrested on 22/10/2010 at 01:00 O'clock in the noon.