SWAMI PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against judgment dated 7.9.1995 passed in S. T. No.14/1987. Trial Court held appellant guilty for commission of offence punishable under Section 302 of IPC and awarded sentence of life.

(2.) Prosecution story in brief is that on 26.6.1986 deceased Thakur Das had gone along with Kishori to pay dues of fertilizer. He did not return in the evening. On 27.6.1986 brother of the deceased informed that deceased was lying dead near Channai Well. Report was lodged, merg was registered. After investigation police arrested two persons namely Kishori and Swami Prasad and filed charge sheet. Wife of the deceased also filed private complaint against accused Laxman and Gullu. Both the cases clubbed together and decided by a common judgment. Trial Court convicted present appellant Swami Prasad and acquitted Kishori and other two accused persons.

(3.) Learned counsel for the appellant has contended that conviction of the appellant is based on circumstantial evidence. However, chain of circumstances have not been proved. There is no evidence of last seen. Appellant has been convicted on suspicion that he had illicit relationship with the wife of the deceased and Prosecution has failed to prove offence of the appellant beyond reasonable doubt. Learned counsel for the appellant has relied on the following judgments: