ASHOK Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have filed the appeal under Section 374 of the Cr. PC against the judgment and order dated 30-11-96 in S. T. No. 185/92 by Additional Sessions Judge, Rajgarh against the conviction and sentence under Section 302/34, IPC for the imprisonment for life and payment of fine of Rs. 5,000/- each and in default of payment of fine rigorous imprisonment for 1-1 year's.

(2.) THE prosecution case is that the appellants and Ashok were staying in Room No. 143 of Anand Lodge, Biaora and on 15-9-92 at about 5 PM on the counter of the Lodge before Manager Suresh (P. W. 5) appellants and Ashok had quarrel on the demand of money and thereafter the appellants accused alongwith said Ashok went to the Room No. 143 of the Lodge. That Manager Suresh (P. W. 5) and the servants of the Lodge Manoj (P. W. 1) and Rambabu (P. W. 6) heard the noise of the quarrel from Room No. 143. That after some time, the appellants were seen by Manoj (P. W. 1), Suresh (P. W. 5) and Rambabu (P. W. 6) carrying the deceased Ashok to the Hospital. That Dr. Chandra Mohan Singh Tripathi (P. W. 3) found the deceased Ashok dead and on 15-9-92 the written report (Ex. P- 5) was sent to the Police Station, Biaora. That the FIR was registered against the appellants under Section 302/34 and the Investigating Officer D. S. Chandel (P. W. 10) reached on the spot and the map was prepared by him.

(3.) THAT Head Constable Shivbhuwan Tiwari (P. W. 4) prepared the Panchnama (Ex. P-7) and it was seen that the death of Ashok was on account of throttling and the injury on his body. The dead body of Ashok was sent to the hospital on 16-9-92, and the post-mortem of Ashok was conducted by Dr. Chandra Mohan Singh Tripathi (P. W. 3) who has found that the deceased had the injuries on his neck and other part of the body and the cause of death was throttling. That during the investigation the statement of accused Vijay under Section 27 of the Indian Evidence Act were recorded and a Towel was recovered from his possession. During the investigation register of the Lodge was seized wherein entry of taking the room by the accused was mentioned. After usual investigation, the charge-sheet was filed against all the accused persons for the offence punishable under Section 302/34 of the IPC.