STATE OF M.P. Vs. SURENDRA ALIAS GHAFLURAM

JUDGEMENT

(1.) Applicant/State of M.P has preferred an application u/s. 378 (3) of the Cr.P.C for grant of leave against judgment of acquittal dated 25.4. 2018 passed by the Fifth Additional Sessions Judge, Morena in S.T. No. 370/2015 whereby present respondent Surendra has been acquitted from the charge of Sec. 302 and Sec. 404 of the IPC.

(2.) Prosecution story in brief is that on 30.7.2015 Lakhan Singh, resident of Ravindra Nagar, Morena, a veterinary doctor in the evening at 5:30 has left his house by motorcycle, but thereafter he did not return to his house. Lakhan Singh's mobile phone was also off from 8 p.m. of same day. Thereafter Lakhan Singh was searched by the relatives. On next day i.e. 31/7/2015, complainant Utsav alias Golu (PW-2) s/o Lakhan Singh was telephonically informed by his maternal uncle (mama) Deepesh (PW-6) that Lakhan Singh's dead body is lying behind a factory in agricultural land of village Chhaunda, which is having head injury and Lakhan sing's motorcycle bearing registration number MP-06 ME-4065 and Lakhan Singh's bag relating to his veterinary doctor practise were also lying nearby but Lakhan Singh's purse and his mobile phone were not found. Utsav on 31/7/2015 at 9:30 am behind a oil factory in Rammo Pandit's agriculture land where dead body was lying, lodged dehatinalisi (Ex.P-4) to A.S. I. Raghavendra. Later on, on the basis of dehati nalisi FIR (Ex.P-12) was registered at Police Station, Civil Line, Morena. Investigating officer Yogendra Singh (PW-14) after issuing safina form prepared inquest-memo regarding dead body in presence of panch witnesses and sent dead body of Lakhan Singh for post- mortem. On 31.7.2015 at 8:10 a.m spot-map (PW-14) was prepared and blood stained soil and separately plain soil and a black colored regsine bag, wherein veterinary medicines and syringes wee kept and deceased's motorcycle were seized vide seizure memo (Ex. P3).

(3.) Dr. M.L. Gupta (PW-10) on 31.7.2015 at District Hospital, Morena performed post-mortem of dead body of Lakhan Singh and a lacerated wound was found on occipital region of the skull, beneath which occipital bone was broken in multiple pieces and P.M. report (Ex.P/6) was recorded. On 1.8. 2015 at 23=00 hours Surendra was arrested vide seizure memo (Ex.P-8) and at 23=10 hours above mentioned investigating officer in presence of panch witnesses seized a purse (kaththai colour) wherein in total Rs.1700 and deceased Lakhan sing's driving licence was kept, were seized on production by the respondent Surendra from his back pocket of the pant which was seized vide seizure memo (Ex.P-9). Deceased's blood stained soil and deceased's clothes and sealed viscera of the deceased were sent to regional F.S.L, Gwalior with a draft memo dated 13.10.2015 sent by S.P., Morena. Later on report of F.S.L., Gwalior (Ex.16) was received regarding viscera, according to which in examination no chemical poison was found. On 21.9.2015 councilor Subhash Dubey of Municipal Corporation, Morena conducted identification parade wherein complainant Utsav alias Golu rightly identified his father's kaththai coloured purse which was kept after mixing with five other same coloured purse. Identification memo (Ex. P-5) was prepared. After completing formalities of the investigation chargesheet was filed against the respondent, wherein it was mentioned that under section 173 (8) of the CrPC investigation is being kept open against other suspected persons, namely, Adil Khan and Kalla Khan, before the court of Chief Judicial magistrate, Morena, who committed the arisen criminal case to Sessions Judge, Morena, who in turn transferred the sessions trial to above-mentioned trial court