LAKKHU @ LAKHANLAL GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 26th June 2002, passed by First Additional Sessions Judge, Damoh, in Sessions Trial No.75/2000 convicting him under Sections 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs.2000/-.

(2.) In short, the prosecution case is that in the night intervening between 24th and 25th February, 2000 Hallebhai, the deceased, slept in the back side room of his house. In the morning, at about 7.00 am, when his elder brother Deo Singh opened the door of the room, he found Hallebhai lying dead on the cot. There were injuries on his neck. Deo Singh went and informed to his father Girdhari, who was staying at his field. Girdhari and his wife reached at the room where the dead body of Hallebhai was lying. They found that a small portable black and white TV and Rs.2000/- which were kept in the room were stolen. Girdhari went to police station, Jabera and lodged first information report (Ex.P/1) at 11.00 am. Inspector S.K. Jain (PW-8), after recording the first information report, went at the place of occurrence, prepared spot map (Ex.P/17) and conducted inquest. After recording inquest memorandum (Ex.P/4), he sent the dead body for postmortem examination to Primary Health Centre, Jabera. Assistant Surgeon Dr. K.C. Koshta (PW-12) conducted postmortem examination and found injuries on the body of deceased caused by some sharp edged weapon.

(3.) On 7.3.2000, three accused persons viz. Lakkhu (appellant), Guddu @ Ganesh, and Harchat Gaud were arrested. On the information given by appellant, a wrist watch, axe and clothes were recovered. Broken pieces of a television were also recovered from a Talaiya on the information given by the accused persons. Wrist watch and the pieces of TV were identified by Girdhar (PW-1) and Deo Singh (PW-2). After completion of investigation, charge sheet was filed and the case was committed for trial.