VIJAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed preferred by the appellant being aggrieved by the judgment dtd. 15/5/2012 passed by Sessions Judge, Indore in Session Trial No.179/11 whereby the trial court has convicted the appellant of offence punishable under Sec. 302 of IPC and sentenced him to undergo R.I. for life with fine of Rs.500.00 and in default of payment of fine, three months' additional imprisonment.

(2.) According to prosecution story, PW-1 Vidhyabai and her husband deceased Omprakash and accused Vijay @ Pappu were residing together in house No.780, Dwarikarpuri, Indore. On 23/11/2010 when PW-1 Vidhyabai was sitting in the house, the appellant came with iron pestle (Moosli) and asked his father Omprakash "why have you not got my marriage solemnized yet" and thereafter, he assaulted the deceased and killed him. When PW-1 cried then PW-2 Vijay Kumar and PW-3 Tarun came and caught the appellant. PW-1 Vidhyabai lodged Dehati Nalishi Ex.P-1 Merg intimation Ex.P-18 and police registered F.I.R. on the basis of Dehati Nalishi Ex.P-13 under Sec. 302 of IPC against the appellant.

(3.) During investigation, police prepared spot map Ex.P-2 and seized blooded cotton, plain cotton and blooded bed-sheet from the spot and issued Safina Form Ex.P-4 for preparing dead-body Naksha Panchayatnama and then sent body of the deceased to hospital for postmortem. During investigation, police arrested the appellant and seized blooded Moosli which was used in committing the offence, blooded shit and trouser (Paijaama) of appellant and prepared seizure memo and after this sent it to FSL for examination. Police recorded statements of prosecution witnesses and after receipt of FSL report and completion of investigation, charge-sheet was filed before the magistrate court. After committal of the case to the Sessions Court, trial court framed charges against the appellant and appellant abjured his guilt and sought trial.