SUKHCHARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the Code of Criminal Procedure has been filed by the appellants against the judgment of conviction and order of sentence dtd. 6/9/1997 passed in S.T. No.248/1996 (State of M.P. Vs. Sukhcharan and another), whereby they have been convicted for commission of offence under Sec. 307 of IPC and have been sentenced to 7-7 years R.I. by Sessions Judge, Balaghat.

(2.) The facts of the case, briefly stated, are as under :-

(3.) In the course of investigation Head Constable Nimar Chand (P.W.16) visited the place of occurrence and prepared site map Exhibit P/19. He seized blood stained cloth and prepared seizure memo Exhibit P/6. On 29/8/96 S.I. T. R. Sahu (P.W.12) seized bamboo stick from accused Rajendra and prepared seizure memo Exhibit P/7. He seized a spear from accused Sukhcharan and prepared seizure memo Exhibit P/16. He arrested both the accused persons and prepared arrest memo Exhibit P/17 and P/18. Seized bamboo wood and spear were sent to doctor for getting their opinion. Seized blood stained earth, from the plain earth, cloth, lathi and spear along with Exhibit P/20 memo were sent for chemical examination to F.S.L., Sagar. Exhibit P/1 F.S.L. report was received from Sagar. After completion of investigation, Police Bahela, District Balaghat filed charge sheet against the appellants/ accused before JMFC, Balaghat who in turn, committed the case to the Court of Sessions.