IMRAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 6th May, 1999 passed by learned II Additional Sessions Judge, Betul, in sessions Trial No. 239/98, sentencing applicant to suffer imprisonment of life and to pay a fine of Rs. 5000/-, in default of fine, rigorous imprisonment of six months for the offence under Section 302 of IPC and further sentencing him to suffer rigorous imprisonment of two years and to pay a fine of Rs. 2000/-, in default of payment of fine, further rigorous imprisonment of four months for the offence under Section 201, IPC, the accused-appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of the prosecution is that on 19-7-1998 Kishore, who is the Kotwar of Village Kabra, lodged a merg intimation report in Police station, Mohda that one Bhagchand of the village informed that Chetram (hereinafter referred to as 'the deceased') is not in the village for last 8-10 days. Shantibai, who is the wife of the deceased, informed Bhagchand that Jugnibai, who is the wife of the acquitted co-accused Shyamlal, informed Shantibai that appellant has killed his brother Chetram (deceased ). Thereafter Shantibai narrated this fact to other inhabitants of the village viz. , Bhagchand, Hannu and some other persons. On being enquired by village people from appellant Imrat in regard to whereabouts of the deceased, he (appellant) informed that the deceased had gone to Rahatgaon. Thereafter a meeting was made in the village on Friday and a Panchayat was called, which assembled in the morning. The appellant was summoned by the Panchayat persons and before them he made extra judicial confession that because deceased was hurling abuses to him as a result of which he (appellant) got annoyed and when his brother went to sleep, at 2. 00 in the night, he woke up and brought a 'basula' (an instrument which is used by Carpenter to cut the wood) and from the blunt side of the said instrument caused injuries to the deceased. Thereafter with the help of acquitted co-accused Shyamlal dead body was tied by a nylon rope alongwith a wooden plank and was thrown in Ghoghra Nala, covering the dead body by stone boulders.

(3.) ON the next day, i. e. , Saturday several village persons went to ghoghra Nala and found that several stone boulders were lying there and filthy smell was coming out. Village persons found there dead body of the deceased J and thereafter the Village Kotwar came to Police Station alongwith Hannu and gulab.