PRADEEP KUMAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 5-5-2000 passed by learned Fifth Additional Sessions Judge, Rewa in Sessions Trial No. 192/99, convicting the appellants under S.394, S.302 / 34 and 201 of IPC and thereby sentencing them to suffer RI of ten years and fine of Rs. 1000/- each, in default of payment of fine R.I. for three months each, life imprisonment and fine of Rs. 5000/- each, in default of payment of fine RI for one year each; and RI of five years and fine of Rs. 500/- each, in default of payment of fine R.I. for one month each, respectively with a further stipulation that all the sentences shall run concurrently, this appeal under S.374(2) of the Code of Criminal Procedure, 1973 has been preferred by them.

(2.) IN brief the case of prosecution is that Subhash Dwivedi lodged a report in Police Station Sohagi on 11-3-1999 that a dead body of unknown person is lying nearby the culvert of Jhiria Lad. On the basis of the said information, a Marg was registered and for inquiry of the said Marg report Investigating Officer J. P. N. Singh went to the place of occurrence. During the course of investigation Panchayatnama of the dead body was prepared and on visualizing right hand of deceased it was found that name 'Sharad' was embossed and the dead body was identified as that of Sharad (hereinafter referred to as 'the deceased'). Neck of the deceased was found to be chopped. Dead body was sent for post - mortem.

(3.) THE appellants were put to test identification on 13th August, 1999 but they were not identified by Manoj Salonkhe who is the owner of Maruti Van. Later on, said Manoj Salonkhe submitted an application to Investigating Officer that again test identification parade be conducted in order to ascertain who are the real culprits as a result of which second test identification parade was conducted on 16-8-1999 in which Manoj Salonkhe correctly identified the appellants. Thereafter, on the basis of memorandum statement of appellant - Pradeep leading to recovery, a gold chain was seized from his house on 18-8-1999. This gold chain was also put for test identification and Vilas Sakharam Chouhan, who is the brother of the deceased rightly identified the gold chain.