SARDAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by judgment dated 8.1.2007 passed by the Fifth Additional Sessions Judge (Fast Track Court), District Chhindwara in S.T. No. 85/2006, whereby the appellant has been found guilty of an offence punishable under Section 302 of the IPC and has been sentenced to Life Imprisonment with fine of Rs.300/- and in default thereof, a further simple imprisonment of one month.

(2.) The prosecution story, in brief, is that the appellant is the son of the deceased Janglu and that the appellant, his father and his cousin brother Jaggu (PW-2) were at the house of the deceased Janglu in the night of 12.1.2006 where the appellant and his father Janglu entered into an altercation on refusal of a demand made by the appellant from his father for money. As per the prosecution, all three persons thereafter went to sleep and when Jaggu (PW-2) got up in the morning, he found that Janglu was lying on his bed and that there was blood all around his head and there were several injuries on his neck and head.

(3.) According to the prosecution, Jaggu (PW-2) thereafter rushed to the house of the Kotwar, Bheemrao (PW-8), and informed him about the incident, whereafter, the Kotwar, Bheemrao (PW-8), sent information to the police and also went to the house of the deceased Janglu. According to the prosecution, when the villagers confronted the appellant Sardar and questioned him as to who had committed the murder of Janglu, he confessed to the crime, pursuant to which a Panchayat was convened and all these facts including the confession of the appellant Sardar were recorded vide Ex.P/4. On the police reaching the spot, an FIR was registered by Kotwar Bheemrao (PW-8) and thereafter, the criminal law was set in motion.