GOPAL DAS SAHU Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 05/01/2008 passed by the Additional Sessions Judge, Baidhan District Sidhi, in Sessions Trial No.156/2006 whereby the appellant has been convicted under section 302 of IPC for committing murder of Ramesh and sentenced him to undergo R.I. for life imprisonment along with fine of Rs.1000/-, in default further R.I for 3 months as mentioned in the impugned judgment.

(2.) In brief, the facts of the prosecution case are that deceased Ramesh aged about 6 years was brother of Kiran (PW-9) and appellant have a evil eye on her and intended to marry her while Kiran (PW-9) had no interest in him. When her marriage was going on the appellant, with a view to create obstruction in her marriage, on 01/07/2006 near about 4 to 7 PM at Shiv Mandir premises in village Navjeevan Vihar, Police Station Vidhya Nagar, District Sidhi committed murder of Ramesh by strangulation. When the deceased did not returned to the house his father Chitrakoot (PW-12) and other family members during the search found Ramesh lying in unconscious condition in the place surrounded by the wall having no roof and was taken to the hospital where he was declared to be brought dead and from the hospital information was given to the police station vide Ex.P-1 on the basis of this information Margh Intimation was registered as Margh No. 38/2006.

(3.) During the margh inquiry, it was revealed that the deceased was last seen alive in the company of the appellant near the place of incident and he also confessed the crime before his friend Vashit Prasad Upadhyay (PW-3), who also handed over one letter written by the appellant to Kiran, which was lying at the window of the temple, then FIR as Crime No. 159/2006 under section 302 of IPC was registered against the appellant. As per report of Dr. Ranbahadur Singh (PW-4), who conducted autopsy on the body of the deceased the nature of the death was homicidal caused by strangulation. Appellant was arrested on 03/07/2006 and on his instance one diary Ex.P-25 and letter Ex.P24 written by the appellant was recovered vide seizure memo Ex.P-11 and one T-shirt allegedly which was used for strangulation was also seized vide seizure memo Ex.P-10. Specimen writing of the appellant was also taken and the seized articles Ex.P24, Ex.P-25 and specimen writing of the appellant were sent to State Examiner on questioned documents. As per the report of Hand Writing Expert Ex.P-26, it was confirmed that the letter Ex.P-17 was written by the appellant.