DALLU BASORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant Dallu s/o Gokul Basore being aggrieved by the judgment dated 30-8-2008 passed by the learned First Additional Sessions Judge, Damoh, in Sessions Trial No. 219/2005 convicting the appellant under Section 302, IPC and sentencing him to undergo life imprisonment and pay fine of Rs. 500/-, in default of fine to undergo R. I. for four months, and also convicting him under section 201, IPC sentencing him to undergo R. I. for 7 years and pay fine of rs. 500/-, in default of fine to undergo further R. I. for four months, the substantive jail sentence to run concurrently, has filed this appeal.

(2.) THE prosecution case in brief is that complainant Achhelal Ahirwar (P. W. 2) lodged a report (Exh. P-3) at Police Station Nohta, District Damoh on 28-8-2005 at about 10. 45 p. m. that on the said date at about 3. 00 p. m. when he went to the bus stand he found that his son Reenu and the accused Dallu were having hot exchange of words in relation to a sum of Rs. 500/ -. He tried to patch up the matter and, thereafter, both of them left the spot with an assurance to the complainant that they would settle their matter. Upto 7. 00 p. m. when his son did not come back then he informed about the fact to Chouda Ahirwar (P. W. 10), ganesh Ahirwar (P. W. 9), Khanju Ahirwar (P. W. 6) and his own nephew simbhu (P. W. 7 ). Each of them went to Khamaria and at about 8. 00 p. m. he was informed that the accused persons Mathura Basore, Chironji Basore, Prahlad basore and the present appellant Dallu Basore were shifting the dead body of reenu from the house of accused Chironji to the house of Dallu. When the four accused persons had found that they were seen they ran away from the said spot. After receiving the information Achhelal Ahirwar (P. W. 2), Ganesh (P. W. 9)and Simbhu (P. W. 7) went to the house of Dallu and found that the dead body was lying in supine condition. It was found by them that the murder was committed by throttling. After receiving the report the police registered the offence and proceeded for investigation. The police authorities went to the place where the dead body was found, issued notices to the witnesses and prepared different panchanamas/memos. Certain articles were also recovered from the spot. The dead body was sent for post-mortem. The post-mortem was conducted by Dr. K. Awaya (P. W. 1) who reported that the cause of the death was internal haemorrhage and throttling/asphyxia. The post-mortem report is available on record at Exh. P-2. Panchanama of the spot was prepared, the inquest was prepared and on conclusion of the investigation challan was submitted before the Court. Four accused persons were arrested and were produced for their trial. As the accused persons denied commission of the offence they were subjected to trial. After the trial the learned Court below except convicting the present appellant acquitted all the accused persons.

(3.) SHRI Garg, learned Counsel for the appellant after taking us through the evidence available on record and findings recorded by the Court below submitted that the findings recorded by the Court below are patently perverse. The Court below has not looked into the fact that the accused does not have the palms and as both of the palm are amputated below wrist the accused could not commit the murder, the dead body was being shifted from the house of chironji to the house of Dallu and if the accused Chironji was to be acquitted then there was no evidence to connect Dallu in the alleged crime. That the court below was absolutely perverse in its approach in observing that if the nail marks were found on and around the neck then such nail marks could be caused by toe nails. It is submitted by him that it would be almost impossible for a person who does not have hands to firstly put the deceased on ground and, thereafter, throttle him with the help and assistance of the legs/feet.