SOMNATH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 of the Code of Criminal Procedure against the judgment dated 05/04/2008 passed by Additional Session Judge (Special Judge, NDPS), Bhopal in Sessions Trial No.19/2007, whereby learned A.S.J. found the appellant guilty of the offences punishable under Sections 302 and 201 of the IPC and sentenced him to undergo R.I. for life with fine of Rs.2,000/- and R.I. for five years, with default stipulations.

(2.) Brief facts of the case are that on 06/11/06 Mohammad Akhtar (PW/1) informed the Police that one Jute bag was lying at Bhadbhada area on the other side of the road opposite the National Judicial Academy, Kaliya Soth Dam. The information was entered into daily diary by the Head Constable Mohan Singh (PW/8) and he also informed in this regard to SubInspector S.R. Jha (PW/13). On that S.R. Jha (PW/13) went to Bhadbhada Dam, where he found a jute bag lying on the spot and on opening it he found the dead body of an unknown person. On that, he prepared inquest report (Ex.P/21) of that dead body and spot map (Ex.P/2). Narayan Kumar (PW/5) took the photos of the dead body (Ex.P/8A to Ex.P/8L) which were seized by the R.S.Jha from his possession and prepared seizure memo (Ex.P/9). S.R. Jha also sent the dead body for postmortem along with the application (Ex.P/22) to Gandhi Medical College, Bhopal. Where on 07/11/06 Dr Geetarani Gupta (PW/12) conducted the postmortem of the dead body of the deceased Madho Singh and gave postmortem report (Ex.P/17) to the effect that Madho Singh died due to strangulation and his death was homicidal in nature. Because the deceased Madho Singh, who worked at Weather Bureau as Weather Attendant did not reach on duty continuously from 05/11/06, therefore, on 07/11/06 Ashok Kumar Uike (PW/2), Ashok Kaira (PW/10) and Kamlesh Joshi (PW/17), who were also the employee of the same department went to deceased Madho Singh's house to get information about him. But, there they did not find deceased Madho Singh and his son Somnath (the appellant herein), was present there. They asked from him about Madho Singh, on that his son (appellant) told them that Madho Singh had gone to Bairagarh on 05/11/06 and did not return thereafter. Then they asked him why he did not lodge a missing report about Madhosingh. They also advised the appellant to lodge the report regarding Madho Singh's missing. On that appellant along with Ashok Kumar Uike (PW/2), Ashok Kaira (PW/10) and Kamlesh Joshi (PW/17) went to Police Station Kamla Nagar, Bhopal, where Police Officer informed them that one dead body of the similar description was found at Bhadbhada Dam, which is now lying at Hamidia Hospital, Bhopal. On that, they went to Hamidia Hospital, Bhopal and identified the dead body as Madho Singh and also identified his clothes and rings which were worn by him at that time. On that Police prepared identification memo (Ex.P/14). Since the Police found the behaviour of the appellant unusual, therefore, S.R. Jha (PW/13) arrested the appellant on 12/11/06 and prepared arrest memo (Ex.P/26) and interrogated him. On interrogation appellant informed S.R. Jha (PW/13) that on 05/11/06 he murdered his father Madho Singh and hid his dead body in the Bathroom and later he purchased a jute bag from the shop of Ramcharan (PW/11) and packed the dead body in that bag and after loading the same on the TVS Moped threw at Bhadbhada Naka. On that information, S.R. Jha (PW/13) prepared memorandum (Ex.P/4) and seized two pieces of nylon rope used by the appellant to strangulate the deceased Madho Singh and one bodkin used by the appellant for sewing the jute bag from his house and prepared seizure memo (Ex.P/6 & Ex.P/7) and also seized TVS Moped used by the appellant to carry the dead body of deceased Madho Singh and prepared seizure memo (Ex.P/5). He also prepared the map of appellant's house (Ex.P/27) and also wrote a letter to Dr. Geetarani and sought the information that as to whether the ligature mark found over the neck of deceased Madho Singh was caused by the seized nylon rope or not. On that Dr. Geetarani through a letter (Ex.P/19) informed that ligature mark found over the neck of deceased Madho Singh could be caused by such type of rope. S.R. Jha (PW/13) also recorded the statement of the prosecution witnesses Mohammad Akhtar (PW/1), Ashok Kumar Uike (PW/2), Ashok Kaira (PW/10), Ramcharan (PW/11), Ashok Meena (PW/15) and Kamlesh Joshi (PW/17). After completion of investigation, Police filed charge-sheet before Judicial Magistrate, First Class, Bhopal, who committed the case to the Court of Sessions, where from that charge-sheet ST. No.19/07 was registered.

(3.) Learned Additional Session Judge (Special Judge, NDPS), District Bhopal framed charges against the appellant for the offence punishable under Sections 302 & 201 of the IPC. The appellant abjured his guilt and took the defence that he is innocent and has falsely been implicated in the offence. He also produced his wife Smt. Sheela Chouhan (DW/1) in his defence in this regard. However, after the trial learned Additional Session Judge (Special Judge, NDPS), Bhopal found the appellant guilty of the offences punishable under Sections 302 & 201 of the IPC and sentenced him as aforesaid. Being aggrieved by the impugned judgment appellant has preferred this appeal.