RAMESH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS Nos. 1 and 2 in Cr. Appeal No. 1016/2006 and appellant Ramesh s/o Bapulal in cr. Appeal No. 1284/2006 have challenged their conviction under Section 302 read with section 34 and section 201 of the Indian Penal code and sentence of imprisonment for life and fine of Rs. 5,000/- each and R. I. for seven years and fine of Rs. 1,000/- each respectively, in default of payment of fine on both counts to suffer additional R. I. for one year passed by the learned Sessions judge, Shajapur in ST No. 189/2005 vide judgment dated 8-9-2006.

(2.) IT would be appropriate here to mention that the learned trial Court has also passed some strictures against the applicant kiran Lashkarkar, Town Inspector, investigating Officer in the aforementioned sessions Trial and also directed holding of departmental Enquiry against him. He, therefore, filed the aforesaid Criminal Revision for quashment of the aforesaid order. Thus, both the appeals and the criminal revision arising out of one and the same judgment, are being decided by this common judgment.

(3.) FACTS of the prosecution case as unfurled before the trial Court are that on 11-6-2005 at 10. 30 Hemraj, elder brother of the deceased Elamsingh lodged a Dehati Nalishi ex. P/3 at P. S. Sarangpur to the effect that they are three brothers, elder brother is dinesh, the second is Hemraj (the complainant) and the third was the deceased elamsingh. Elamsingh was carrying the work of supplying milk in addition to the agricultural work in the family. After supplying milk at Sarangpur, he used to look after the work concerning agriculture. A day prior to the date of incident, he had gone to shajapur and on return therefrom he had gone to the well and from there did not return to the house. Thereafter, the complainant himself, his father Daulatsingh and dinesh went to the well in search of elamsingh, but they did not find him. On the next day when the deceased did not return home, the complainant himself and his friend Ramesh Malviya started to go in search of Elamsingh on a motor cycle of bhagwansingh. At that time Dinesh told that some body has killed Elamsingh near the field of Devisingh. On this information, they went near the field of Devisingh and found the dead body of Elamsingh lying there. The body was having no head. Probably the murderer might have taken the head of elamsingh after completely chopping off the neck. Complainant sent Bhagwansingh to the police Station to inform the police. The complainant stated in the report Ex. P/3 that bhima alias Shivanarayan was having strained relation with the family of the deceased and before seven years Bhima had beaten the deceased under the belief that elamsingh was dead, threw his body in the bushes. A report of this incident was lodged at P. S. Sarangpur. For this incident, Bhima was convicted and sentenced to seven years imprisonment. Bhima used to say that after his release, he would eliminate the family members of the deceased Elamsingh. Thus, the complainant bore doubt on Bhima for committing murder of Elamsingh. He also stated that Bhima also took away Rs. 4,000/-from the pocket of the deceased.