BRIJLAL 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 04.12.1995 passed by II Additional Sessions Judge, Begumganj, District Raisen in Sessions Trial No.16/88, whereby the appellant has been convicted under Section 302 of Indian Penal Code and sentenced to life imprisonment with fine of Rs.1,000/-in default one year R.I. on each count with the direction to run sentences concurrently.

(2.) The prosecution case in short is that on 10.03.1987 Chhotebeer and Brijlal lodged the report at police station Silwani that at 9:00 a.m. at Silwani Farm when Bhaiyalal was lifting the straw he saw the hand of a person and the dead body was of a man. On this information, Triyogi Narayan, A.S.I. registered the marg Ex.P/23 and during the course of its inquiry, it was also found that Sukhram @ Sukka is also missing. The Crime No.26/87 under Section 302/34 of I.P.C. was registered with respect to the murder of Ramprasad @ Munna. His suspects were interrogated. Brijlal and Shankar Puri on their memorandum got recovered the dead body of Sukhram @ Sukka. There were injuries on his person. The marg intimation Ex.P/24 was registered and the Crime No.27/87 under Section 302/34 IPC was also registered. After preparing the panchnama, their dead bodies were sent for postmortem examination which were conducted by Dr.Ajay Singh Parihar. During the course of investigation, spot maps were prepared. The blood stained, controlled soil and straw were seized. The memorandum of the accused persons were recorded and the offences of weapon were recovered. The statement of witnesses under Section 161 Cr.P.C. were recorded. The sealed articles were referred to chemical examination from where the report was received. After completing the investigation, the chargesheet was filed in the Court of Judicial Magistrate First Class, Silwani, wherein the Criminal Case No.105/87 was registered. This case was committed to Sessions Court on 13.01.1988.

(3.) The accused persons were charged under Section 302/34 of I.P.C. on two counts that on 08.03.1987 at Silwani Farm they committed the murder of Ramprasad @ Munna and Sukhram @ Sukka intentionally or (knowingly) by causing their death and thereby committed an offence punishable under Section 302 of I.P.C.