VIRENDRA SINGH Vs. THE STATE OF M.P.

JUDGEMENT

(1.) This Criminal appeal under Sec. 374 of the Criminal Procedure Code is preferred challenging the conviction under Sec. 302 and 201 of the IPC and sentence of life imprisonment and four years rigorous imprisonment to run concurrently vide judgment dtd. 2/8/2001 in Sessions Case No. 67/97 by Sessions Judge, Rajgarh, Biaora.

(2.) Facts in brief are that appellant accused Virendrasingh was prosecuted under Sec. 302 and 201 of IPC for committing the murder of Phoolsingh Meena in the intervening night of 13-14/12/1996 at the Bank of Chhapi Dam of Zeerapur, District Rajgarh and disposing his body with the intention of screening himself from legal punishment.

(3.) The enforcement agency i.e. Police Station, Zeerapur, District Rajgarh came into motion on the information of Mangilal, Sarpanch of Panchayat Bamankheda that on 14/12/96 at 08:30 AM (Exhibit-P-1) one unknown dead body is lying naked with injuries on head and a stone is also lying nearby. Merg No. 41 of 1996 was registered. Dead body was forwarded for autopsy. The body was identified as Phoolsingh Meena S/o Nandram Meena, R/o Dhakariyapura vide Exhibit-P-22 on 18/12/1996 with the help of photograph and the ring worn by the deceased. During the inquiry the involvement of appellant accused came in light and Crime No. 279 of 1996 was registered against the appellant accused on 19/12/1996. The appellant accused was taken into custody on 27/12/1996 vide Exhibit-P-18. Memorandum of information Exhibit-P-14 was prepared on 18/12/1996 and one pant, one shoe of left leg and sweater was recovered from the river bridge of Chappi vide Exhibit-P-19 and quilt was recovered which was hidden between the bushes of Chappi Dam vide Exhibit-P-20. Properties were forwarded to FSL, Gwalior. Statements of witnesses were recorded and final report was submitted.