PREM BHUWAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment dated 13/11/2006 passed by Session Judge, Sidhi in ST.No.70/2006, whereby learned Session Judge found the appellant guilty for the offences punishable under Section 302 of the IPC and sentenced him to life imprisonment and fine of Rs.5,00/-, and in default of payment of fine amount, further R.I. for three months.

(2.) Brief facts of the case are that on 05/06/06/ at 10:00 pm deceased Suryabhan Singh, a resident of village Katheri, District Sidhi came back home after labour work and slept on the cot in the courtyard of the house after having a meal. His wife Buton (PW/2) was also sleeping in the house. When next day at 4:00 am she got up and went to the courtyard where Suryabhan Singh was sleeping, she saw that the blood spread beneath the cot on which Suryabhan Singh was lying. She also saw one injury on his neck, from where blood was oozing out and he was dead. On listening her crying, her sons Ram Suphal (PW/3), Bihari Singh (PW/4), Ramkumar Singh (PW/1), her daughter-in-laws Rambai and Sitabai came there and they also saw the dead body of Suryabhan Singh lying on the Cot. Thereafter, Ramkumar Singh (PW/1) went to Police Chouki Niwas, P.S.Sidhi and lodged the report, (Ex.P/2) which was written by A.S.I. S.N. Shukla (PW/9) and sent it for original registration to P.S. Sarai, District Sidhi. At P.S. Sarai, on that Head Constable Chandra Pratap Mishra registered Crime No.89/2006 (Ex.P/31) for the offence punishable under Section 302 of the IPC. S.N. Shukla (PW/9) investigated the matter. During investigation on 06/05/06 he went to the spot and prepared spot map (Ex.P/3) on identification of Ram Kumar Singh (PW/1) and also seized sample of blood stain and simple soil (Article A and B) from the spot , one blood stained shawl (Article C) lying on the dead body of deceased and prepared seizure memo (Ex.P/26). He also prepared inquest report (Ex.P/5) of the dead body of deceased Suryabhan Singh in presence of Panch witnesses. Santosh Kumar (PW/7) took photos of the scene of crime and dead body of Suryabhan Singh. S.N. Shukla (PW/9) seized those photographs and its negatives (Ex.P/11 to Ex.P/19) from the possession of Santosh (PW/7) and prepared seizure memo (Ex.P/9).

(3.) Learned Sessions Judge framed charge against the applicant for the offence punishable under Section 302 of the IPC. Prosecution produced as many as 11 witnesses to prove his case. The applicant took the defence that he is innocent and has falsely been implicated in the case. However, learned Sessions Judge after trial found the appellant guilty for the offence punishable under Section 302 of the IPC and sentenced him for life imprisonment and fine of Rs.5,00/- and in default of payment of fine amount further R.I. for three months. Being aggrieved by the impugned judgment, appellant has filed this Criminal Appeal.