BABLOO ALIAS GANESH Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment dated 30-4-2005 passed by the First Additional Sessions Judge, Harda in Sessions Trial No. 446/02, the appellant Babloo @ Ganesh has preferred this appeal against his conviction under Section 302 of the IPC whereby he is sentenced to undergo life imprisonment and fine of Rs. 1,000/-, in default six months rigorous imprisonment.

(2.) THE appellant Babloo @ Ganesh has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 on the following grounds:

(3.) THE short facts of the prosecution story are that on 28-8-2002 at about 10-11 P. M. , some quarrel had taken place between the deceased Hatimtai @ Hakim Khan and the appellant and at that time, the appellant's wife Gulab Bai was also present. The appellant and his wife brought the deceased Hatimtai to their house. At about 1. 00 A. M. on 29-8-2002, Suresh Mali and Gulab Bai came to the house of P. W. 5 Tejram who was chowkidar of Village Rupi Paretiya and informed him that Hatimtai is abusing Babloo in their house. On receiving this information, P. W. 5 Tejram went to the house of appellant and found that Hatimtai was tied with a pole with the help of rope. On his instruction, the appellant untied the rope but by that time Hatimtai had died. Thereafter, the chowkidar informed the villagers about this incident and after that he went to Police Station Harda and lodged Ex. P-6 merg intimation and Ex. P-7 FIR. After receiving this information, the Investigating Officer of Police Station Harda commenced the investigation and prepared Ex. P-3 inquest report after issuance of Ex. P-2 notice. He also prepared Ex. P-4 site plan. A plank and two pieces of nylon rope were seized from the possession of appellant upon his information and Ex. P-9 memorandum and Ex. P-9-A seizure memo were prepared. The dead body of Hatimtai @ Hakim Khan was sent to the hospital for post-mortem where P. W. 13 Dr. S. K. Sengar conducted the autopsy. After completion of investigation, the charge sheet was filed against appellant/accused.