SHERA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused No.2 - Shahid Shah has been convicted for the offence punishable under Sec. 302 read with Sec. 34 of the IPC and sentenced to life imprisonment with fine of Rs.1,000.00, in default of payment of fine to undergo R.I. for 6 months.

(2.) Primarily it could be seen that the body of the deceased was found five days after the alleged incident. The body was totally mutilated and could not even be identified. It was ultimately identified by conducting a DNA examination which matched with the deceased.

(3.) The only plea of the prosecution is of last seen theory that too even if it is accepted was almost five days prior to the incident. Except that, we do not find any material prima facie against the appellant.