SANJAY GOUR Vs. STATE OF M P

JUDGEMENT

(1.) These criminal appeals arise out from the same incident, therefore, they are being disposed of by the common judgment.

(2.) These criminal appeals have been preferred under Section 374(2) of Cr.P.C. being aggrieved by the judgment, finding arid sentence dated 24.04.1998 passed by Additional Sessions Judge, Begumganj, District Raisen in Sessions Trial Nos.177/97 & 246/97, whereby the appellant Dinesh Pratap Singh and Sanjay Gour have been convicted under Section 302/34 and sentenced thereunder for life imprisonment with fine of Rs.500/-, in default S.I. for 3 months respectively.

(3.) The brief facts of the case are that on 07.02.1997 at 9:40 a.m. Mannulal Chowkidar intimated Police Station Begumganj that at about 9:30 a.m. he saw dead body of a man aged about 28 years behind old Harijan Hostel, Begumganj lying in a partially burnt condition. Marg intimation No.4/97 under Section 174 of Cr.P.C. was registered and the inquiry was made. Panchnama of dead body of Gauri Shankar Sharma was prepared. Dead body was sent for postmortem examination to P.H.C. Begumganj where Dr.M.R.Khan (PW-2) conducted postmortem examination and opined that death has occurred due to asphyxia, shock caused by incised wound over neck. Death was homicidal in nature which had occurred before 12 to 18 hours. The sealed packet containing clothes of deceased was seized. Spot map was prepared. Blood stained soil and controlled soil were also seized from the spot. After inquiry, the Crime No.38/97 under Section 302 IPC was registered at police station Begumganj.. Appellant Dinesh Pratap Singh was arrested on 11.04.1997. His disclosure statement was recorded under Section 27 of Indian Evidence Act. In pursuance to the disclosure statement, the knife was recovered at his instance. The seized articles were sent for chemical examination. The statement of the witnesses recorded under Section 161 of Cr.P.C. Appellant Sanjay Gour absconded. After completing investigation, the charge sheet was filed in the Court of Judicial Magistrate First Class, Begumganj where the Criminal Case No. 142/97 was registered which was committed to the Sessions Court for trial on 22.07.1997. Appellant Sanjay Gour was apprehended on 24.12.1997 and supplementary charge sheet was filed in the Court of Judicial Magistrate First Class, Begumganj wherein Criminal Case No.341/97 was registered which wag committed on 24.12.97 to the Sessions Court for trial.