CHANDRABHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 being aggrieved by the judgment dated 29.01.2008 passed by the First Additional Sessions Judge, Shahdol in S.T. No.100/2007, whereby the appellant has been convicted and sentenced as under :

(2.) In brief the facts giving rise to the present appeal are that the appellant Chandrabhan Singh was known to the deceased Sugari Bai and her family and used to come to their house. On the date of incident i.e. on 4.3.2007, a Marg Intimation under Section 174 of Cr.P.C. was lodged by the complainant Patiram wherein it was stated that Sugari Bai, aged 18 years has left her house on 3.3.2007 at around 12 O'clock but did not return till night, she was also searched in the night but in the morning of 4.3.2007 one Daduram Singh Gond came to the complainant and informed him that Sugari Bai is lying in the field near a mango tree. It was also stated that Sugari Bai was last seen with the appellant Chandrabhan Singh at around 2 O'clock in the noon by Ramphal. Subsequently the FIR (Ex.P/18) was lodged on 6.3.2007 in which the name of the appellant is also mentioned as a suspect. However, the charge sheet was filed against the appellant and the learned Judge of the Trial Court after recording the evidence has found the appellant guilty under Section 376, 302 and 201 of IPC as aforesaid.

(3.) Learned counsel for the appellant has vehemently argued before this Court that the appellant is entitled to be acquitted as the learned Judge of the Trial Court has not appreciated the evidence in its proper perspective. It is further submitted that the learned Judge of the Trial Court has erred in not considering the import of Ex.P/6, Ex.P/8 & Ex.P/9 which are spot maps and there is material discrepancies among these documents.