MANOJ Vs. THE STATE OF M.P.

JUDGEMENT

(1.) This appeal is filed being aggrieved of the judgment dtd. 30/9/1995 passed by the learned 2nd Additional Session Judge, Sehore in Sessions Case No.2/1995 (State of M.P. Through Police Station Mandi, Sehore Vs. Manoj S/o Ganesh Ram Rathore and Shiv Narayan S/o Amar Singh Rathore. Learned Trial Court convicted the appellants under Sec. 302 IPC with life imprisonment and fine of Rs.5,000.00 each with default stipulation of 6 months simple imprisonment.

(2.) Brief facts of the present case are that on 11/12/1994 one Premnarayan, Chowkidar, (PW-1) had given intimation to the police that dead body of Munna was lying in the fields of Ajay Rathore. Police had recorded marg intimation No.38/1994 vide Ex.P-4 and during marg investigation had recorded statements of one Ramesh Chand Kushwaha (PW-7), brother of the deceased Munna. These statements were recorded on 14/12/1994, when Ramesh Chand had informed that accused Manoj and Shiv Narayan on account of some altercation in relation to money transaction had committed murder of Munna at Subhash school ground in the presence of witnesses Dev Prasad (PW-8) and Kishorilal (PW-9) by strangulating him and causing injuries with an object like 'Pocker'.

(3.) On such intimation, I.O. of the case, Vijendra Pal Singh (PW-13) had reached Subhash school ground where he had found accused persons in the company of witnesses Dev Prasad and Kishorilal. At Subhash school ground itself, memorandum under Sec. 27 Evidence Act was prepared and a 'Pocker' was seized from a place near Machhli Pull. On completion of investigation, charge-sheet was filed in the Court of Chief Judicial Magistrate, Sehore from where the case was committed and was registered as Sessions Case No.2/1995.