CHAMRA LAL Vs. STATE OF M P

JUDGEMENT

(1.) The judgment passed in this appeal shall also govern the disposal of connected Criminal Appeal No. 924/95 (Mangrulal and two others Vs. State of M.P.) since both the appeals have arisen from common judgment passed by the trial Court convicting the appellants under different offences.

(2.) Feeling aggrieved by the judgment of conviction and order of sentence dated 6.6.1995 passed by learned First Additional Sessions Judge, Mandla in S.T. No. 85/94 convicting appellant of this appeal Chamralal under Section 302, 201/34 of the IPC and thereby sentencing him to suffer Life Imprisonment and R.I. for 1 year with fine of Rs. 100/-; in default further R.I. for 2 months and further convicting the appellants of connected Criminal Appeal under Section 201/34 of the IPC and thereby sentencing them to R.I. for 1 year with fine of Rs. 100/- each; in default further R.I. for 2 months, this appeal and connected criminal appeal have been filed by the appellants.

(3.) In brief, the case of prosecution is that on 16.4.1994, one Bhikham Das @ Makhan lodged an FIR in the concerning Police Station that dead body of Sonu Gond has been cremated by his son Chamra Lal and other co-accused persons. There was some dispute of partition between Chamra Lal and his father Sonu Gond (deceased), as a result of which, appellant Chamra Lal dealt a kick on the private part of the deceased, as a result of which he had died. Without informing the Police Station and sending the deceased to the hospital for obtaining Post Mortem report, he was cremated by appellant Chamra Lal and also family members of the deceased. In order to disappear the evidence, blood stains were wiped-off by cow dung. However, on the report lodged by said Bhikham Das @ Makhan, the investigating agency arrived on the spot and seized the blood stained earth.