GOPI Vs. STATE OF MP

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 104.1989 of 1st Additional Sessions Judge, Ujjain, passed in S.T. No. 231/87, whereby the accused-appellants have been convicted under Section 302/34 I.P.C. for having committed murder of Ramsingh sb Heera Moghiya, on the intervening night of 28th & 29th September, 1987 at village Palwa, on the outskirts a near. Ujjain-Ghosla Road and each of them have been sentenced to imprisonment for life.

(2.) The prosecution case, in brief, is that a dead body was located in the Soya been field of village Palwa by Radheshyam, who happened go to the place, while coming back after watching his field through the road referred above. Radheshyam informed the .villagers and the Chowkidar and, thereafter, a report was lodged in Police Station Raghvi, which was registered by Shamsuddin Ansari (PW 13) at Crime No. 17/87. He prepared inquest report and called all other villagers. Tejubai w/o deceased identified the body to be of Ramsingh (her husband). The body was sent for postmortem. examination with a letter of request. Autopsy on the body was done by Dr. M.D. Varun (PW 1), who found one lacerated wound 1/2 x 1/2 x 1/4, above left eye brow. There was a ligature mark on the neck and the blister over the neck of deceased. On dissection pleura larynx, trachea found pulpy and lungs swelling Dr. Varun opined that the deceased died of asphyxia because of throttling and prepared a report Ex. P/i. During investigation it was revealed that on 28.9.87 deceased had gone for purchasing she buffalo in village market Ghosla. Accused persons Gopi s/c Rama, Banesingh s/c Gopi and Ramchandra s/o Naharji met him in the market. Accused persons having strained relation with the deceased, some talks of compromise was also held. These accused persons, as such, has grudge against the deceased. All of them consumed liquor and killed him while coming back to their residential places. All the three accused persons absconded after the report of death of Ramsingh came to the light. After investigation, accused persons were prosecuted. The learned Trial Judge has acquitted accused Ramchandra and convicted present accused-appellants as above. Hence, this appeal.

(3.) The contention of the learned Counsel for the appellants is that the circumstantial evidence adduced against the accused persons is not sufficient to connect them with the crime. It has further been submitted that the finding as to last seen is also incorrect and not supported by clear\and cogent evidence. As against it, learned Counsel for the State has supported the prosecution case and submitted that the accused persons were seen consuming liquor with the deceased and the deceased was found dead next day. As such, it is a connecting link which has rightly been accepted.