RAKESH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 23.9.2006 passed by learned Additional Judge to the Court of Additional Sessions Judge, Mauganj, District Rewa in Sessions Trial No.10/2006 convicting the appellant under Section 302, 307, 435 and 456 IPC and thereby imprisonment and fine with defaulting clause as mentioned in the impugned judgment, the appellant has taken the shelter of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) In brief, the case of the prosecution is that in between the night of 22nd and 23rd November, 2005, Duasia and her husband Buddhsen after eating the meals were sleeping in their home. In the night at 12, some person jumped the boundary wall and entered inside the open courtyard, as a result of which Duasia woke up and she asked in high tone, who is there, on which that person told that he is Rakesh. Duasia identified and found him to be Rakeshsingh (accused-appellant) only.

(3.) The first information report was lodged by Duasia (PW-6). On lodging of the first information report, criminal law was triggered and set in motion. The investigating agency arrived at the spot; shifted the deceased, who was alive at that juncture, to the hospital but on the way he died; the statement of the witnesses were recorded by the investigating agency.