BHAGWAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 18-5- 2010 passed by Additional Sessions Judge, Sevada, Distt. Datia in Sessions Trial No.67/2006, by which the appellant has been convicted under Sections 302 , 201 of I.P.C. and has been sentenced to undergo the Life Imprisonment and a fine of Rs. 10,000/- and rigorous imprisonment of 2 years and a fine of Rs.1,000/- with default imprisonment respectively.

(2.) The necessary facts for the disposal of the present appeal in short are that on 26-3-2006, an information was given by Kamal Kishore to police that his younger brother, aged about 20 years, is residing along his maternal aunt Kishori in village Ramdeva. At about 7 in the morning, Charan Singh, his cousin brother came to his village Ramgada and enquired that whether Ramkumar has come or not? When he replied that Ramkumar has not come, then he insisted that he should come to village Ramdeva. He came to Ramdeva, where he was informed by Kishori, that the whereabouts of Ramkumar are not known. Yesterday at about 8 P.M., the son of Bhagwan Singh had taken him with him and from thereafter, he has not come back. Then he, his uncle Badam Singh, Ram Singh, Lakhan, Ramdas all went to the house of Bhagwan Singh and found that no body was there in the house of Bhagwan Singh. Fire was burning near his house. Blood was lying on the roof of the house of Bhagwan Singh, therefore, he got suspicious. He found a bone in the fire therefore, it appears that the dead body of his brother is burning. Therefore, he lodged the report. On the basis of the report, the police started inquest enquiry. During enquiry, it was found that it is a case of murder, therefore, F.I.R. was registered under Section 302 , 201 of I.P.C. During investigation, spot map was prepared, blood stained and plain earth was seized, remains of burnt bones and ash were seized, a calculator from the spot was seized, broken piece of bangles were seized. Senior Scientific Officer, scene of crime, inspected the spot and prepared a report. Blood stained underwear and baniyan of the accused were seized. The statements of witnesses were recorded and after completing the investigation, the police filed a charge sheet against the appellant and Kallu, Chandra Prakash, Siyasharan, and Sheela for offence under Sections 302 , 201 of I.P.C.

(3.) The Trial Court by order dated 8-8-2006, framed charges under Sections 302 , 201 of I.P.C.