SADHU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant being aggrieved by the judgment dated 26. 11. 93 passed in Session Trial No. 87/93 by the learned Additional Sessions Judge, Satna convicting the appellant under Section 302 IPC sentencing him to undergo RI for life, has filed this appeal.

(2.) THE allegations of the prosecution were that the deceased Sheela Devi wife of Sadhu Singh had developed some illicit relation with one Munha (not examined ). The accused was taking objection but despite that those two were continuously meeting each other. On the fateful day, according to the prosecution, a sound of gunshot was heard and immediately thereafter the accused came out from the house. Later on it was found that the house was locked from out side and when the witnesses peeped, they could see the dead body of the deceased. It is also not in dispute before us that P. W. 3 Chhotelal, happened to be real brother of the accused while P. W. 4 Ramjeet and P. W. 5 Chunni are maternal uncles of the accused. It is also not in dispute before us that the accused is retired military person and holding a twelve bore licensed gun. After receiving the information, p. W. 6, Kamta Prasad Tiwari came to the spot, he prepared the Panchnama and sent the dead body for post-mortem. Sub Inspector L. N. Sharma (P. W. 10) on the basis of Ex. P. 13, registered the inquest at Ex. P. 3 and thereafter registered the first information report (Ex. P. 2 ). The lock on the house of the accused was broken in presence of the witnesses and thereafter-dead body was recovered. The gun belonging to the accused was seized and an empty cartridge was also recovered. Blood stained and plain earth was also seized from the spot. The unused cartridge and fired cartridge were sent to Forensic Science Laboratory under Ex. P. 23 for their examination. The Forensic Science Laboratory sent its opinion under Ex. P. 24, but however, in the said report nothing was mentioned about the empty/fired cartridge or unused cartridge. After collecting the material against the interest of the accused, charge sheet was filed. The learned trial court recorded the findings in favour of the police/prosecution and convicted and sentenced the appellant as referred to above.

(3.) SHRI S. C. Datt, learned Senior counsel for the appellant submitted that ex. P. 23 is the memorandum in which the fired cartridge, twelve bore gun and unfired cartridge were sent for their examination, but from Ex. P. 24, it clearly appears that there is no report about the fact that fired cartridge in fact was fired from the gun belonging to the accused, it is submitted by him that unless empty cartridge is connected with the act and weapon of the accused, the appellant could not be convicted. It is also submitted by him that the evidence available on the record does not complete the chain of the circumstance, which could lead to the irresistible conclusion into the guilt of the accused.