BABUA & ANR. Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by the accused-appellants being aggrieved by the judgment dated 15.12.2006 passed by Special Judge, Shahdol in Special Case No.9/2006, whereby the appellants have been convicted under Section 302 of Indian Penal Code and sentenced for life with fine of Rs.500/- each.

(2.) In brief the prosecution case is that on 19.11.2005 at about 7.00 pm Santosh/complainant alongwith Pritam both were present at the house of Santosh. They heard the voice towards road side. When they came out, Ramvati informed them that two persons have beaten Nanshah and took him towards pond, therefore, complainant-Santosh and Pritam went towards pond. They saw the incident. Appellants were dragging Nanshah and assaulted him. Nanshah self unconscious, he sustained injuries over the head and other parts of body. They informed the police. Police lodged FIR under Section 302 of Indian Penal Code and under Section 3(2)(5) of SC/ST Act against the appellants. After completion of the investigation, a charge sheet was filed before the competent court.

(3.) The case was committed to the learned trial court, the trial Court framed charges against the accused/appellants under Section 302 of Indian Penal Code and under Section 3(2)(5) of SC/ST Act. Appellants abjured their guilt. The trial Court found, the appellants' guilty under Section 302 of Indian Penal Code and under Section 3(2)(5) of SC/ST Act for committing murder of Nanshah. The trial Court relied on the testimony of Ramvati (PW4), Santosh (PW1), Pritam (PW5) and Shayamwati (PW7). Other witnesses have also corroborated the prosecution case. Ocular testimony was also corroborated by the medical evidence of Dr. D.K. Kori (PW9). Hence, the appellants have been convicted for the offence punishable under Section 302 of IPC and sentenced for life imprisonment.