NAJJU ALIAS NAZARALI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has challenged his conviction, by filing this appeal, under section 302 and 201 of the Indian Penal Code and sentence of imprisonment for life with fine of Rs.500/- and R.I. for 7 years with fine of Rs. 500/- respectively and in default of payment of total fine amount of Rs. 1,000/- to suffer additional S.I. for two months, with direction to run both the substantive jail sentences concurrently passed by the learned Second Addl. Sessions Judge, Shajapur in Sessions Trial No. 37/98 on 01.09.98.

(2.) According to the prosecution case, the dead body of Peerkhan, father of the appellant was found was found at the instance of the appellant and one PW-6 Fakir Mohammad in the well of the deceased situated in the forest of village Chitawad. The body was retrieved from the well with the help of anchor. The body was identified by the appellant as the body of his father. A MERG was registered by PW-14 Head Constable Radheshyam on zero number. Thereafter, on enquiry MERG No. 13/97 was also registered vide Ex. P/25. PW-9 Investigating Officer N.R. Gudawad also recorded the Dehati Nalishi at the instance of the appellant vide Ex.P/13 on 25.12.97. The dead body was sent for postmortem Examination which was conducted by PW-11 Dr B.S.Maina. Postmortem Examination Report is Ex.P/15. On MERG enquiry, it was found by the police that Peerkhan was murdered, therefore, First Information Report Ex. P/16 was recorded and crime was registered on 30.12.97. This First Information Report was against unknown person. The appellant was arrested vide arrest memo Ex, P/17 on 06.01.98 and on interrogation confessed his guilt. Memorandum Ex.P/12 of the appellant was recorded regarding keeping of five thousand rupees of the deceased in Shujalpur, but in pursuance thereof, no amount was seized. Second memorandum Ex. P/4 was recorded regarding discovery of empty sulphas bottle and Ex. P/5 memorandum was for recovery of vomit of the deceased, fourth memorandum Ex. P/6 was recorded for recovery of some part of the rope whereby the dead body was tied with the stone. The empty sulfas container, vomit, nylon shoes were seized through seizure memos Ex. P/1 to P/3. A register of Basant Lodge was seized through seizure memo Ex. P/7 showing stay of the appellant. The seized articles were sent to the Forensic Science Laboratory, Sagar through letter Ex. P/19 and its reports are Ex.P/20 and P/21. On completion of investigation, the appellant was charge-sheeted for the aforementioned offences.

(3.) The appellant refuted the charges and his defence was that his father was having bad blood with one Shafiq Pathan who had threatened his father prior to his death and he was falsely implicated by his younger brother PW-2 Imamkhan for grabbing the entire land of his father. He examined his mother and sister i. e. DW-1 Shakuranbai and DW-2 Mumtajbi. Learned Trial Court, finding the appellant guilty, convicted and sentenced the him as indicated herein-above.