MOHAN LAL Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment, finding and sentence dated 07.01.1998 passed 1st Additional Sessions Judge, Bhopal in Sessions Trial No.186/97, whereby the appellant has been convicted under Section 302 and 394 read with Section 397 of Indian Penal Code and sentenced to imprisonment for life under Section 302 of I.P.C. and for 7 years rigorous imprisonment under Section 394 read with Section 397 of Indian Penal Code with the direction to sentences run concurrently.

(2.) The prosecution case in brief is that on 03.02.1997 Parwati Bai, the mother of complainant Ramgopal of Village Badjhiri went to graze the buffaloes in the forest. The buffaloes returned back but the mother did not, therefore, the complainant searched his mother with other persons in the forest. On 04.02.1997 at 6:30 a.m. she was found dead near a Nala in the forest. The complainant saw that there were the injuries in her legs, throat and both the ears were cut. The silver kadi, ear tops and silver chain were not found on her body which she was wearing, some unknown person has robbed the above articles and murdered her. On the basis of information given by Ramgopal the Crime No.11/97 was registered under Section 302 and 394 of I.P.C. at police station Ratibad, District Bhopal on 04.02.1997 at 8:30 a.m. The investigation set in the motion, spot map was prepared, panchnama of dead body of Parwati Bai was also prepared. Her dead body was sent for postmortem examination. Dr.Geeta Rani Gupta, Medical Officer, Medico Legal Institute, Gandhi Medical College, Bhopal performed the autopsy and opined that the death was due to asphyxia as a result of throttling. Evidence of the injury caused by hard and sharp object is also present. The death was homicidal in nature caused within 24 hours of her examination. The statement of Moolchand was recorded under Section 161 of the Code of Criminal Procedure. On that basis the accused was interrogated. His statement was recorded under Section 27 of Indian Evidence Act relating to discovery of articles concealed by him. On the basis of such information, silver kadi and ear tops were recovered at his instance which were seized by seizure memo Ex.P/13. The other articles pant, shirt and Darante (sickle), the packet of clothes of deceased, control and blood stained soil were also seized. The identification parade was conducted wherein the complainant Ramgopal identified the kadi and ear tops of deceased which were recovered at the instance of the appellant. The seized articles were sent for chemical examination to F.S.L. Gwalior. The F.S.L. report is received therefrom. The result is that the blood was found in all the articles sent for examination except the control soil. The statement of the witnesses were recorded under Section 161 of the Code of Criminal Procedure and after completing the investigation, charge sheet was filed against the appellant in the Court of Judicial Magistrate First Class, Bhopal wherein the criminal case No.222/97 was registered and the case was committed to the Sessions Court, Bhopal on 22.06.1997.

(3.) The appellants stand charged under Section 302 and 394 read with Section 397 of Indian Penal Code. The allegations are that on 03.02.1997 at 12 noon in the Government Forest of village Badjhiri, police station Ratibad, committed the murder by intentionally or knowingly causing the death of Parwati Bai. He stands further charged under Section 394 read with Section 397 that on the same date, time and place he robbed the silver kadi, chain and ear tops of brass and at the time of committing robbery he voluntarily caused the hurt to Parwati Bai by Darante (sickle) and caused her death.