CHARAN KODHAR Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 17-12-1999 passed by learned Sessions Judge, Chhatarpur. in Sessions Trial No. 82/99 convicting him under Section 302 of IPC and sentencing to suffer Rigorous Imprisonment for life,and fine, of Rs. 2000/-.in, default of payment of fine further R. I. for one year, the appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure 1973.

(2.) In brief the case of the prosecution is that on 25-2-1999 at 10.30 a.m., Village Chowkidar Matadeen lodged,first information report that Shankar Patel and Ramu Dhimar told him that Hira Kondar (herein after referred to 'the deceased') is lying dead in front of the door of accused/appellant and blood is coming out from his head. These persons also told him that accused/appellant was carrying a lathi, his clothes were stained with blood and he had fled towards Jungle, has killed deceased by lathi, bricks and stones.

(3.) After registering the case on the basis of FIR Ex. P/1, Station Officer Incharge L. P. Yadav came to spot for investigation. At the spot the Investigating Officer prepared Panchnama of dead body : seized ordinary and blood stained earth; sent dead body of the deceased to hospital for post mortem where post mortem was conducted by Dr. S. K. Chourasia and opined that the deceased died on account of head Injury as a result of shock.