BALLOO @ BALRAM KAHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 30.10.2009 passed by the Sessions Judge, Hoshangabad in Session Trial No. 158/2008 whereby the appellant has been convicted and sentenced to undergo as under :

(2.) In brief, the facts of the case are that on 07.06.2008 at about 10:00 am in village Sangakheda Khurd, Indo Bai (since deceased)/mother of the Lakhanlal/complainant went for grazing goats. At about 4:30 pm goats returned but Indo Bai was not seen anywhere. Then search was carried out by the villagers and her family members for her. On the next day, at about 5:00 am her body was found at the field of Mahesh Shukla. Thereafter, complaint was filed by Lakhanlal at Police Station Babai, Hoshangabad.

(3.) During the investigation, it was found that two silver anklets (kade) were missing from the body of the deceased. After postmortem conducted by the doctor, it was found that the death of the deceased had happened due to strangulation. Police registered an FIR (Ex. P/12) against unknown person. Thereafter, on the basis of memorandum of the appellant, two silver anklets (kade) belonging to the deceased and Rs. 1,850/- were recovered from his possession. After due investigation, charge-sheet has been filed against the appellant before the concerned Court.