MADAN Vs. STATE OF M P

JUDGEMENT

(1.) The present appeal under Section 374 of the Code of Criminal Procedure, 1973 is preferred by the appellant-accused from the jail, challenging the legality and validity of the judgment and order of conviction and sentence dated 11th August, 1999 passed by the learned Sessions Judge, Shivpuri in S.T.No.135/98 whereby at the end of trial, the appellant came to be convicted for the offence punishable under Sections 302 and 404 of I.P.C. and was asked to undergo sentence of life imprisonment and rigorous imprisonment for three years, respectively and also to pay a fine of Rs. 1000/- for each offence; and in default to make payment of fine, he is directed to undergo rigorous imprisonment for three months. Of course, the learned trial Judge has held that the both the sentences shall run concurrently.

(2.) The facts in short are that on 11th May 1998 at about 9 a.m., as usual, Smt. Parmobai, mother of Champalal (complainant) went to the field for grazing buffaloes. After evening, the buffaloes returned back, but she did not turn up. Champalal then accompanied with his brother went in search of her to the place of grazing. When he reached, he found the dead body of Smt. Parmobai lying beneath the Pippal tree. The ornaments which the deceased normally used to wear, i.e., Silver chain (Kaddi) and gold pin (Long) were missing from the body. One wooden stick and one pair of chappals were found near the dead body. Accordingly, the F.I.R. was lodged by the complainant at Police Station Survaya. During investigation, the accused was arrested and at his instance, the silver and gold ornaments which the deceased were wearing before her death and which were missing from her body were recovered from his possession. Those ornaments were identified by the son of the deceased. After investigation, the charge-sheet was filed before the Criminal Court, having jurisdiction. After committal, the accused was tried for the alleged offences and was convicted and sentenced as mentioned herein above.

(3.) This appeal is filed from Central Jail, Gwalior. It seems to be pending waiting for its turn since long as no one appeared from the Legal Aid Cell to appear and defend the accused. Even on the last date when the matter was fixed, nobody appeared. In such circumstance, Shri R.K. Sharma, Advocate was requested to appear as Amicus Curiae for defending the accused/appellant, which he accepted. We heard him at length on behalf of accused/appellant alongwith learned Public Prosecutor for the respondent/State.