KAMMODA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the conviction of appellant under Section 302, IPC and sentence of imprisonment for life and fine of Rs. 1,000/-; in default of payment of fine one year's further R. I. by Additional Sessions Judge, Pichhore in Sessions Trial No. 112/90, vide judgment dated 1-11-1991.

(2.) AS per prosecution story on 2-1-1990 Officer Incharge of Police Station, Khaniadhana received information from complainant Pahalua, who is Chowkidar and resident of Village Gudar that one dead body of an unknown lady is lying in the forest of Gudar under the stones. On the basis of the aforesaid report merg was registered, thereafter matter was investigated. Investigating Officer P. W. 15 R. V. Sharma recorded the statement of Chowkidar and thereafter informed the Tehsildar as well as the doctor. Deadbody was taken out by Tehsildar and its seizure memo Ex. P-17 was prepared. Photographs of the dead body were taken and spot map was also prepared. Pieces of rope, bangles and sleeper were also seized from spot by Ex. P-4 and dead body was referred for post-mortem examination. One piece of similar saree, which was on the body of the deceased, was also recovered from the house of the appellant. Statements of the witness were recorded, accused was arrested and thereafter in presence of Narayan Kushwaha (P. W. 9) and Babulal on the basis of discovery under Section 27 of the Evidence Act one lathi was seized from the bushes of the forest. Its memorandum Ex. P-15 was prepared and thereafter lathi was seized by Ex. P-10. Broken pieces of bangles and one nylon sleeper were also seized at the instance of the appellant. One Tabeej was also seized at the instance of the appellant, which was hidden by him under the stone and its seizure memo was also prepared. One axe was also discovered and recovered at the instance of the appellant from his house and its seizure memo Ex. P-13 was prepared. It is also alleged by the prosecution that some missing report was also lodged by appellant. Thereafter, it has come on record that the said report was lodged by father of the appellant. One Lota and sickle were also recovered at the instance of the appellant and seizure memo was also prepared. Some ornaments which the deceased was wearing were also seized and they were referred for chemical examination alongwith sleeper, axe and other articles. Chemical examination reports are Ex. P-26 and Ex. P-27. After completing the investigation charge-sheet was filed.

(3.) DURING trial appellant abjured his guilt. Prosecution examined as many as 15 witnesses; out of which 9 witnesses have not supported the prosecution case even then the Trial Court after assessing the evidence of hostile witnesses found that it is a case of circumstantial evidence. On the evidence of last seen as well as the evidence of extra-judicial confession made by the appellant before P. W. 12 Ramniwas Sharma during the cross- examination Trial Court found that it is the appellant, who has committed the offence and convicted him and sentence as aforesaid. Against which this appeal has been filed.