RAJESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved by the impugned judgment dated 8.6.2006 passed by the Sessions Judge, Hoshangabad in S.T. No.363/05 whereby he has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment and fine of Rs.1000/-; in default of payment of fine, further six months additional imprisonment.

(2.) In brief, the relevant facts of the case are that on 19.7.2005 at about 2 O'clock in the night, Ashok Kumar (PW-9), brother of the deceased Rambharos, informed the police that on 18.7.2005 he was at home situated at village Pawarkheda and his brother Rambharos (deceased) went to his field and did not come back till 9 O'clock in the night. At that time, his nephew (Bhanja) Mukesh came and told that there was a fight between the appellant and the deceased Rambharos and the appellant was having spade in his hand and Rambharos was beaten by the appellant with spade. Thereafter, Ashok Kumar and his father rushed towards the place of incident and took the appellant and the deceased at some distance and left them. When they were returning, the appellant again beaten the deceased Rambharos with spade. Narmada Prasad was also witnessing the incident but due to fear, they came at Tappar. After sometime, appellant came breathing to them and told that he has killed the deceased Rambharos and they go and give him water. Then, Ashok Kumar and his father went to see the deceased and found him lying down. Rambharos sustained injuries near eyes and legs and blood was oozing out. The appellant killed the deceased. On the basis of the information, a merg intimation bearing no. 29/05, Ex.P/11 was registered at the Police Station Babai, District Hoshangabad and FIR Ex.P/12 dated 19.7.2005 was registered at crime no. 234/05 for the offence under Section 302 of the IPC against the appellant. Thereafter, the police summoned the witnesses and prepared Panchnama of the dead body of the deceased and the same was sent for postmortem examination. During investigation, statements of the witnesses were recorded. Spot map was prepared. On the basis of memorandum of the appellant / accused, a spade used in commission of the offence was seized. After completing all due formalities, the police filed a charge sheet of the aforesaid offence adding Section 302 of the IPC against the appellant / accused before the Court of CJM, Hoshangabad who on its turn, committed the case to the court of Sessions for trial.

(3.) The learned trial Court framed charge for the offence under Section 302 of the IPC against the appellant. The appellant / accused abjured his guilt and stated that he is innocent and pleaded for trial.