VIJAY KUMAR @ WASHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against judgment and order dated 21.01.2011 passed in S.T. No. 94/2010 by 2nd ASJ, Shajapur whereby the learned trial Court has held the appellant guilty for the offence punishable under Section 302 and 201 of IPC and sentenced him for life imprisonment and fine of Rs. 50,000/- for the offence under section 302 IPC and 7 years rigorous imprisonment and fine of Rs. 10,000/- for the offence under section 201 IPC and in default of payment of fine, further to undergo R.I. of 5 years and 1 year respectively.

(2.) The prosecution case in brief is that on 15.02.2010, a dead body was found in the Room No. 105 of Neelam Lodge, situated in Shajapur when Manager Radheshyam alongwith butler Gangaram opened the room with the second key as the guest staying in the room since 09.02.2010 did not turn up for last few days. The matter was immediately reported to the police. Apprehending that this is a murder, the police registered Merg, started inquiry, sent the dead body for post mortem and also registered crime No. 117/10 under Sections 302/201 of IPC (EX.P.21).

(3.) The deceased was identified as Ajay Tanwar R/o 19/B, Radha Nagar, District Indore. It was found in the investigation that one Vijay Kumar had booked that room on 09.02.2010 and was staying alongwith his companion. The police traced and arrested him and put him before the Manager Radheshyam, who identified him in Test Identification Parade conducted by the Tehsildar Avadhesh Sharma. The police also seized guest register of the lodge and after other required investigation, concluding that it was the appellant, who murdered the deceased, filed the charge-sheet.