MADHAV SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been filed assailing the impugned judgment dated 18/04/2007 passed by the Sessions Judge, Damoh, District Damoh, in Sessions Trial No.132/2005 whereby the appellant has been convicted under sections 302, 364(A) and 201 of the I.P.C. and sentenced him to undergo imprisonment for life along with fine of Rs.100/-, imprisonment for life along with fine of Rs.100/- and R.I for 5 years along with fine of Rs.100/-, in default three months R.I for each of the offence.

(2.) The case of the prosecution, in brief, is that the deceased Hakam Singh was missing on 18/03/2005 near about 7.00 PM and on 19/03/2005 near about 7.00 AM in the court yard of Hakam Singh, his aunt Ganga Bai (PW-8) found three letters in which ransom was demanded to get back Hakam Singh alive with threatening that he will be killed if any information is given to the police. Thereafter some efforts were made to search him. Thereafter on the same day senior member of the house Bhan Singh (PW-5) went to the police station Pathariya District Damoh along with aforesaid three letters and lodged the report about in the incident and handed over aforesaid three letters to the police and police recorded Dehati Nalishi Ex.P-2 and seized aforesaid three letters. On the basis of aforesaid information, FIR (Ex.P-13) was registered at Crime No.73/2005 for the offences punishable under section 364(A) of IPC. On 22/03/2005 dead body of Hakam Singh was found in the field of Ghandharv Singh of Village Pathariya under the cover of â??Bhusaaâ? and body was badly smelling. On post mortem, it was found that death of Hakam Singh was taken place on account of strangulation 3-4 days before. During investigation Halki Bai @ Geeta Bai (PW-2), Narayan Singh (PW-2) and Devendra (PW-7) disclosed that on 18/03/2005 near about 7.00 to 7.30 PM, the deceased Hakam Singh was seen alive with the appellant/accused and thereafter dead body of Hakam Singh was found. The appellant/accused was arrested on 27/03/2005 and from his possession one note book Article B was seized and seizure memo Ex.P-9 was prepared. During the investigation with the permission of the Chief Judicial Magistrate sample of handwriting of the accused was taken and the seized letters and note book Article B and samples of handwriting were sent for handwriting expert report of the questioned documents to the State Examiner, Government of M.P.

(3.) After completion of the usual investigation, the charge sheet was filed before the Chief Judicial Magistrate, Damoh and case was committed to the Sessions Court and report of the handwriting expert Ex.P-116 was received. According to the report of handwriting expert, the aforesaid letters with regard to the demand of ransom were found to be written by the person who written note book Article B and sample handwriting. The learned Trial court framed charges under sections 364(A), 302 and 201 of the IPC against the appellant/accused and his plea was recorded. He abjured the guilt and claimed trial.