BHARAT PANDEY Vs. STATE OF M.P.

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 5.6.1996 passed by the learned IVth Additional Sessions Judge, Bhopal in Sessions Trial No. 49/94 convicting the appellant under Section 302 of IPC and sentencing him to suffer life imprisonment, this appeal has been preferred under Section 374(2) of CrP.C.

(2.) In brief the case of prosecution is that on 25.12.1993 Dinesh Pratap Singh, Head Constable of Police Station T.T. Nagar was telephonically informed that in village Prempura, Bharat Pandey (accused) who is son of Lallan Pandey is beating his mother and sister. This fact was recorded in Roznamcha Sanha No. 2713. Thereafter, Dinesh Pratap Singh (PW -14) and D.S. Baghel, Station Office Incharge (PW -15) along with his police staff proceeded to the place of occurrence. On reaching at the spot, the police party found that the Ruby and Deventi Bai (hereinafter referred to as the deceased persons') were lying unconscious on the spot. In the same state, they were transmitted to the hospital, where they were examined by Dr. Kale (PW -12) and referred deceased Deventi Bai to RSO Surgery. However, Ruby, the other deceased, was brought in the hospital where she was declared dead.

(3.) The accused was also arrested at the spot and interrogation was made; the statement of witnesses were recorded; spot map was prepared; ordinary and blood stained earth was also recovered from the place of occurrence. A Dehati Nalish (Ex.P -17) was lodged by PW -6, Sher Ali. After completion of the investigation, a charge sheet was submitted in the competent court, which on its turn committed the case to the court of session and from where it was received by the trial court for its trial.