PAJAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 of Cr.P.C. against the judgment dated 23/5/2007 passed by ASJ, Khurai, Distt. Sagar in S.T. No.372/2006, whereby learned ASJ found appellant guilty for the offence punishable under Section 302 of IPC and sentenced him to undergo life imprisonment with fine of Rs.1,000/- with default stipulation.

(2.) Brief facts of the case are that on 2/8/2006, Pannalal (PW1) brother of deceased Hiralal lodged the report at P.S. Khurai, Distt. Sagar averring that at 6 AM Janak Rani (PW4), wife of deceased Hiralal told his younger brother Rajaram that on 1/8/2006 at about 9 p.m., appellant had taken Hiralal with him and Hiralal did not return thereafter. On that, he went to appellant's house but found no one there. Appellant's house was locked. On searching, he found the dead body of Hiralal lying in a pit outside Govind Pateriya's stockade and his dead body was injured. He also saw a streak of blood going from the spot to the appellant's house. His nephew Ramsingh and appellant's wife were missing since 5 or 6 days prior to the incident. Appellant Pajan Singh took his brother Hiralal from his house and murdered him. On that, police registered Crime No.353/2006 for the offence punishable under Section 302 of IPC and investigated the matter. The investigation was conducted by Inspector Vinod Kumar Sharma (PW10). During the investigation, he went to the spot and prepared spot map (Ex.P-2). He also seized blood stained and simple soil from the spot and prepared seizure memo (Ex.P-5) and also prepared inquest memo (Ex.P-4) of dead body of deceased Hiralal and sent it to CHC, Khurai for autopsy along with application (Ex.P-6), where Dr D.V.S. Chauhan (PW5) conducted autopsy of the dead body of Hiralal and gave autopsy report (Ex.P-6). On 2/8/2006 Vinod Kumar Sharma (PW10) also searched appellant's house and prepared search memo (Ex.P-12). In the search, he found one bloodstained bamboo stick, one bloodstained scissor and one bloodstained quilt cover in the house of the appellant. He seized these articles and also seized blood stained and simple soil from the house and prepared seizure memo (Ex.P-14). During the investigation, he also recorded case diary statement of Pannalal (PW1), Prem Singh (PW3), Janak Rani (PW4), Gopal Singh (PW7) and Bhikam Singh. Further investigation was carried out by Sub-Inspector R.N. Suryawanshi (PW9). He on 14/08/06 arrested the appellant and prepared arrest memo (Ex.P-9) and on the information of the appellant, seized one bloodstained Baka (cutting object), bed-sheet, two pillow covers and his trouser and shirt and prepared information memo (Ex.P-8) and seizure memo (Ex.P-9 and 11). He also sent the seized Baka and scissor to Dr D.V.S. Chauhan (PW5) and queried from him whether the injuries sustained by the deceased could be caused by these articles. On that, Dr D.V.S. Chauhan (PW5) gave the query report (Ex.P-7) to the effect that the injuries found on dead body of deceased by him during postmortem could be caused by these articles. He also sent all seized articles to FSL, Sagar for chemical examination along with draft (Ex.P-15) and from FSL Sagar, report (Ex.P16) was received. He also took photographs of Hiralal's dead-body (Ex.P17) and after investigation, police filed charge sheet against the appellant before JMFC, Sagar, who committed the case to the Court of Sessions, where on that charge-sheet S.T. No.372/2006 was registered.

(3.) Learned Additional Session Judge, Khurai, Distt. Sagar framed the charge against the appellant for the offence punishable under Section 302 of the IPC. The appellant abjured the guilt and took the defence that he was innocent and has falsely been implicated in the case and at the time of the incident, he was not in the village. He had gone in search of his wife. In this regard, he also produced Manak (DW1) and Maujilal (DW2)in his defence. However, after trial, learned Additional Sessions Judge found appellant Pajan Singh guilty for the aforesaid offence and sentenced him as mentioned above. Being aggrieved by the impugned judgment, appellant Pajan Singh filed this criminal appeal.