JOHAR RANA Vs. STATE OF M P

JUDGEMENT

(1.) By this appeal, the appellant has assailed the judgment dated 20.6.2001 of the learned 1st Additional Sessions Judge, Neemuch in Sessions Trial No. 157/2000 by which the learned Judge has convicted the appellant for offence punishable under Section 302 of the IPC and sentenced him to imprisonment for life and fine of Rs. 500/-. He has also been convicted under Section 201 of the IPC and sentenced to R.I. for two years and fine of Rs. 500/-.

(2.) The factual matrix of the prosecution case lies in a narrow compass. It was stated that deceased Dattatraya Patil, after his retirement, was living alone in House No. 436, Hudco Colony Neemuch while his wife and children, on account of dispute, were living at Indore. It was alleged that about 10 to 15 days prior to the date of the disclosure of the dead body, the accused and the deceased had started drinking together. On the night intervening 1st and 2nd March, 2000, the neighbours heard the sound of quarrel emanating from the house of the deceased. On 3.3.2000 the accused was seen coming out of the house of the deceased covering himself in a blanket. On account of the putrid smell coming from the house of the deceased, Police was informed over the telephone. In response to the said massage, (P.W.17) Vasudeo Rawal SHO along with Head Constable Kushal Singh Chauhan (P.W.11) and Head Constable Ravi Shankar Dube (P.W.12) came to verify the information. After they reached the place of the occurrence, the SHO found that in a Trunk there was a person. The Chowkidar was called and they entered the house and after removing the quilt and blanket from above the Trunk, Trunk was forced open and the dead body of deceased Dattatraya Patil was found. It was also noticed that blood had oozed out from the Trunk.

(3.) A case of unnatural death was registered vide Ex.P/14 and on the basis of the information furnished by Purshottam, case was registered under Section 302 of the IPC vide Dehati Nalish Ex.P/37. The SHO held inquest and after preparing inquest memo Ex.P/2, the articles lying on the spot and suspected to be connected with the death of Dattatraya, were seized. The body was then forwarded to the Hospital for Post Mortem and the Autopsy Surgeon gave report Ex.P/1 in which he did not find any external injury on the body of the deceased as there was putrefaction of the body. Accordingly, the Doctor preserved viscera in three bottles for sending it for analysis to the Laboratory. According to the Doctor, definite opinion could not be given regarding the cause of death.