RAMCHANDRA BALAI Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has preferred this appeal against the judgment and order dated 28.06.2004 passed in Sessions Trial No.40/2004 by Sessions Judge, Shajapur, whereby the learned trial Court has held the appellant guilty for the offence punishable under section 302 IPC and imposed life imprisonment with fine of Rs.1,000/- and in default of payment of fine, further to undergo RI for 3 months.

(2.) Admittedly, the accused is uncle of eye-witness Mohan (PW/1) and the deceased Bhagirath s/o Daulatram was his neighbour.

(3.) As per prosecution case on 07.11.2003 at about 7.30 P.M one Sarvar Khan of village Leema Chauhan intimated In-charge, Chowki, Leema Chauhan, Police Station, Chapiheda, district Rajgarh A.S.I S.P.Pathak, that a dead body of his co-villager Bhagirath s/o Daulatram Balai is lying on the road in front of Kakaji Ki Baldi. His cycle is also lying there. Cut marks were present on his neck and blood was also spilled nearby. A Merg was registered at No.0/2003 under section 174 Cr.P.C. The Chowki In-charge went to the spot with the informant, prepared Lash Panchnama and spot map, collected blood stained as well as plain soil and hair, seized one old Hero cycle and sent the dead body for postmortem to Primary Health Centre, Chapiheda. As per the short postmortem report the death was found to be homicidal in nature caused by sharp edged weapon, therefore, on 08.11.2003 i.e. the next day of the incident, the Police Chapiheda registered crime No.187/2003 under section 302 IPC against unknown person and started investigation. During investigation, on 09.11.2003 Police recorded statements of witnesses Mohanlal, Urjansingh, Tulsiram, Anarsingh, Ramkishan, Ramcharan and Sarvarkhan and on 11.11.2003 arrested the accused Ramchandra Balai and seized an axe which was used for committing the murder of the deceased. All the seized articles i.e. blood stained and plain soil, hairs, Blood stained clothes of the deceased and the axe seized from the accused were sent for chemical examination. After completing the investigation, the Police filed charge sheet against the accused which ended in his conviction as stated above.