POORAN Vs. STATE OF MP

JUDGEMENT

(1.) THIS criminal appeal has been filed under Section 374 Cr. P. C. against the judgment dated 6. 7. 1994 of conviction under Section 302 IPC and sentenced to life imprisonment in Sessions Trial No. 207/91 passed by Sessions Judge Morena.

(2.) PROSECUTION story in brief is as under: that the deceased Chhutta was an employee of appellant from his childhood. About 2 years before the alleged incident, deceased Chhutta left the job and started service in Batasha shop of one rajesh Jain (PW2 ). On 13. 7. 1991 at about 9 or 9. 30 p. m. when the deceased was taking meal with his mother Bibbo and brother Ballu at his house, the appellant along with co-accused Teetu alias Murari, his brother and veerendra his brother-in-law came to the house of the deceased and asked the deceased to accompany them to the house of Rajaram of village Chhade. Thereafter deceased went along with them and thereafter he was done to death sometime in the same night. It was alleged that the deceased Chhutta was last seen in the company of appellant and co-accused persons. On 14. 7. 1991 one Shankar (PW16) had seen a dead body, which was lying inside the Mandi Courtyard at Jaura and he reported the matter to the police. The face of the dead body was badly crushed and he could not identify the dead body. Thereafter police reached at the spot and saw the dead body. It was identified as per Ex. P1 and was found as dead body of deceased chhutta. On the marg intimation the matter was investigated, FIR was lodged and Crime No. 200/91 was registered. One chappal stated to be of accused Pooran was seized near the dead body. His chaddi having blood stains was also seized. After arrest he was interrogated. On the basis of information, memo was prepared and at the instance of accused Pooran his clothes, which he was wearing, were also recovered and seized. After investigation challan was filed against four accused persons. All the accused persons abjured their guilt. Prosecution examined as many as 16 witnesses.

(3.) TRIAL Court vide impugned judgment dated 6. 7. 1995 in para 26 of the judgment found that the prosecution was successful to establish the following circumstances to prove the guilt against the only accused appellant Pooran and acquitted the three accused persons as no incriminating circumstances were found against them: