MOHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant, Mohan, has knocked the door of this Court by preferring an appeal under section 374 of the Code of Criminal Procedure, 1973, (hereinafter referred to as 'the Code') assailing the judgment of conviction and order of sentence dated 28 -2 -1992 passed by the First Additional Sessions Judge, Sagar, in Sessions Trial No. 181 of 1990 convicting the appellant under section 302 of Indian Penal Code and sentencing him to suffer rigorous imprisonment of life.

(2.) In furtherance to his investigation the Investigating Officer arrested accused persons, seized the axe which is said to be used as weapon in the commission of the offence, wearing apparel, blood stained and ordinary earth etc. Statement of witnesses were also recorded, the accused persons were put for test identification parade and the lady's wrist watch and gent's wrist watch were put to test identification.

(3.) THE circumstances from which the conclusion of guilt is to be drawn should be fully established. The circumstances concerned 'must or should' and not 'may be' established;