JAGDISH Vs. STATE OF MADHYA PRADESH GOVT

JUDGEMENT

(1.) Both the appeals have been filed by the appellant/accused being aggrieved by the common judgment dtd. 12/01/2010 passed by the Additional Sessions Judge, Narsinghgarh, District - Rajgarh in Sessions Trial no. 138/2009, therefore, both the appeals are being decided by this common judgment.

(2.) By the impugned judgment, the appellants have been convicted under Sec. 302 r/w 34, and 120-B r/w 34 of IPC and sentenced to undergo rigorous life imprisonment with fine of Rs.1,000.00each and in default of not depositing fine, they shall further undergo rigorous imprisonment for 1 year each and for the offence u/s 201 r/w 34 of IPC to undergo rigorous Imprisonment for a term of 7 years with fine of Rs.500.00 each and in default of not depositing fine, further undergo 6 months rigorous imprisonment each.

(3.) Brief fact of the case is that on 23/01/2009 at about 11.00 am, Karan Singh Jat (PW-4) gave merg intimation (Ex-P/6) to police station - Pachor by stating that he came to know that in Badigaon Umariya Road near Dargah, one dead body is lying, which is smelling. Accordingly, merg no. 05/2009( Ex.-P/6) was registered. Thereafter, Sub-Inspector S.R. Yadav(PW-14) went to the spot and prepared spot dot VenfiecX-P/5) and seized pouch of 'Range ghutka' and iron Buckle and prepared seizure Memo (Ex. P/2) and also prepared inquest panchanama Ex-P/4. It was found that a handkerchief is tied in the neck of deceased and in the neck, below handkerchief black coloured ligature mark was found. Dr. R.K. Jain (PW12) conducted postmortem of the deceased at Primary Health Centre, Pachore and as per postmortem report (Ex-P/30), injuries found over the dead body were ante-mortem and caused between 24 hours to 3 days and cause of death was asphyxia which was due to strangulation and homicidal in nature. Thereafter, offence under Sec. 302/201 of I.P.C. was registered against the unknown person. During investigation. Chunnilal (PW-9), father of the deceased identified the deceased as his son Mangilal through his clothes and photographs ( Ex.-P/14 to Ex.-P/26).