GANGARAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the judgment dtd. 19/7/2014 passed by First Additional Sessions Judge to the Court of Additional Judge, Chhindwara in ST No.329/2013 by which the appellant has been convicted for the offence punishable under Sec. 302 of the IPC and sentenced to suffer R.I. for life imprisonment with fine amount of Rs.1,000.00 with default stipulations.

(2.) In nutshell, the prosecution case before the trial Court was that the deceased Shantibai was the resident of Thawadikhurd, Police Station - Parasia, District - Chhindwara and appellant was cultivating his agricultural land on sharing basis. On 27/8/2013 at about 8:00 PM, a quarrel had taken place between the deceased Shantibai and appellant Ganaram @ Gannu regarding payment of crop on that the appellant started assaulting the victim with hands and fists and dragged her towards Nala of the Village. Mahtab (PW-3) and Killu Nagvanshi (PW-8) went towards the spot and the appellant thrown the deceased Shantibai in a Well. Her relatives visited the Well where the dead body was laying down. Her relative Vishram Nagvanshi (PW-17) lodged the FIR in reporting Police Station - Parasia on 28/8/2013 at about 2:20 AM and also information of unnatural death was registered as Crime No.400/2013. Investigating Officer, H.S. Gour (PW-12) registered the case and visited the spot Village Thawadikhurd, dead body was pulled out from Well. Inquest report was prepared. Dead body was sent for postmortem. Spot map was prepared and from the spot a metallic anklet and two buttons were recovered. As per the postmortem report, deceased died due to drowning. The appellant was arrested and on his information, his shirt was recovered. After usual investigation the charge-sheet was submitted before the Judicial Magistrate First Class, Parasia, on commitment and transfer, the case was submitted before the trial Court.

(3.) Trail Court framed the charges under Sec. 302 of the IPC against the appellant and read over to him on that the appellant/accused abjured the guilt and prayed for trail.