BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374 of the Cr.P.C, 1973 is preferred being aggrieved by the judgment dtd. 24/7/2014 in S.T. No.79/2013 by 2nd A.S.J, Dhar whereby the appellant has been convicted under Sec. 302 of the IPC and Sec. 25(1-b)(b) of the Arms Act, 1959 and has been sentenced to life imprisonment and fine of Rs.3,000.00 with default stipulation of 2 months simple imprisonment and one year RI and fine of Rs.1,000.00 with default stipulation of one month's simple imprisonment respectively.

(2.) Facts in brief are that deceased Sukhram was working as agricultural labourer in village Karontiya, district Indore at the farm house of Dilshad Bi w/o late Mohd. Isa (PW/7). Sukhram moved from his house intimating his brother Sahebsingh (PW/1) that he is going to the local market and the whole night he did not return to home. Thereafter Sahebsingh (PW/1) received intimation that the dead body of Sukhram is lying beneath the mango tree situated at the field of Hindusingh R/o village Silotiya. Sahebsingh (PW/1) verified the intimation and thereafter intimation Ex.P/28 was given to police station, Pithampur and Marg No.102 of 2012 was registered at PS Pithampur on 14/10/2012 at 12.45 p.m. An offence under Sec. 302 IPC in the form of crime no.32/12 was also registered against unknown persons vide Ex.P/1. Spot map Ex.P/3 was prepared. The simple soil and blood mixed soil were also seized vide Ex.P/6. Three bottles of beer and 3 corks of the beer bottles, one quarter of imperial blue wine were also recovered from the spot vide Ex.P/7 at 15:15 hrs. of 14/10/2012. The body of Sukhram was forwarded for autopsy. The statements were recorded. The chance finger print were collected from the beer bottles. The appellant/accused was taken nto custody at 12.30 of 21/10/2012 vide Ex.P/20. The statement of his information Ex.P/12 was recorded and a faliya, a rexine purse, a mobile and full pant were recovered on the strength of Ex.P/20 vide seizure memo Ex.P/11 from the house of appellant Babulal. Further statement of Babulal was recorded vide Ex.P/9 at 11.00 a.m of 22/10/2012 and on the strength of Ex.P/9 a Hero Honda CD Delux motorcycle bearing registration no.MP-09- NH-6612 and registration certificate and insurance certificate were recovered vide Ex.P/10 from the back side of appellant's house. The finger prints of the appellant were obtained and the seized material were forwarded for examination vide memo Ex.P/22 and Ex.P/23 to RFSL, Indore from where report Ex.P/24 and Ex.P/25 were obtained. The report of finger print expert Ex.P/13 was obtained and final report was submitted to the Court of JMFC, Dhar.

(3.) Vide order dtd. 29/1/2013 in RCT No.51/13 by Additional Chief Judicial Magistrate, Dhar , the case was committed to the Court of Sessions.