PREMSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant assails the judgment dated 28-5-1996 of the learned Third Additional Sessions Judge, Dewas in Sessions Trial No. 191/93 by which the appellant stands convicted under Section 302 of the IPC and sentenced to imprisonment for life and fine of Rs. 500/- as also under Section 394, IPC and sentenced to 5 years RI and Rs. 500/- fine.

(2.) THE appellant was indicted for offences under Sections 302 and 394 of the IPC for having committed murder of Narmadabai and robbed of her silver ornaments viz. Anklets.

(3.) ACCORDING to the prosecution, on that day, Narmadabai had gone to her field to cull fruits but when she did not return for long, her son Babulal instituted a search. The villagers also joined him and eventually it was found that her dead body was lying in the field of Heeralal Patidar with both her feet amputated and lying away from the rest of the body. It was also noticed that her mouth had been gagged and Anklets weighing about 1 kg, were missing. Her dead body was brought home and matter was reported to the police. Case was registered and investigation commenced. The police apprehended the appellant and on the information furnished by him in the presence of (P. W. 4) Bhagwansingh and (P. W. 5) Anil Sharma, recovered the silver ornaments. The said silver ornaments were subjected to test identification before (P. W. 19) Anantnarayan Arora, Tehsildar and Executive Magistrate, and was correctly identified by (P. W. 1) Babulal, son of the deceased. On the basis of the said evidence the appellant was prosecuted and notwithstanding that he pleaded that he was innocent and that he had not committed any offence, he was convicted and sentenced as here in above stated.