FUKKU MEHRA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 23.08.2002 passed by the learned Additional Sessions Judge Beohari, District Shahdol in Sessions Trial No.75/2001 convicting the appellant under Sec. 302 of Indian Penal Code and sentencing him to life imprisonment and fine of Rs. 3,000.00 (Three Thousand), in default further rigorous imprisonment of six months, this appeal has been filed by the appellant under Sec. 374 (2) of the Criminal Procedure Code, 1973.

(2.) In brief, the case of the prosecution is that on 19.01.2001 at about 4:00 p.m. Dulariyabai left her house for collecting fodder in field named Bhatti Ka Patora but did not return up to evening. Her husband Rampyare, son Udaybhan and other persons namely Narayan, Ramcharan and Dashrath started to search her. The dead body of Dulariyabai was found near the road of the field 'Bhatti Ka Patora' with her throat cut, and bleeding was present. Bucket of fodder and spade were also found. A Golden Addhi, an ornament was not found on her neck which she used to wear as necklace. Hearing uproar of Rampyare, Chourasia, Shyam Sahu, Chakradhar Singh, Ram Shankar Gupta also rushed to the spot.

(3.) Marg Intimation was lodged by Dashrath at police station Jaisingh Nagar. The assailant was reported to be unknown. On basis of Marg Intimation criminal case was registered. SHO Shri Raghvendra Dwivedi came to the spot; prepared spot map and collected incriminating articles from the place of incident. Investigating Officer also prepared inquest report, dispatched the dead body for post mortem examination. Dr. Sampurnanand conducted autopsy of the dead body of Dulariyabai. During investigation, Investigating Officer recorded statements of Dashrath, Rampyare, Shyam Sahu, Mekhai and others. Shri Dwivedi arrested the appellant. Golden Addhi, blood stained cloths, weapon of offence the Tanga (axe) were seized on the information given by the appellant in presence of Panch witness. Test Identification of necklace of deceased Dulariyabai was conducted by Tehsildar Shri L.P. Mishra. Investigating Officer after completion of the investigation, submitted charge-sheet in the committal court who committed the case to the Court of Session.