RAMNIVAS LODHI Vs. STATE OF M P

JUDGEMENT

(1.) The present appeal preferred u/S. 374 Cr.P.C. assails the judgment dated 22.05.2009 passed in S.T. No. 197/2008 whereby the trial Court has convicted the appellant for the charge of murder of Ankit u/S. 302 of IPC and sentenced to suffer life imprisonment with fine of Rs. 1000/- with default stipulation.

(2.) Learned counsel for the rival parties are heard.

(3.) Brief facts giving rise to present case are that on 12.07.2008 at 11:30 A.M. Prakash Singh Lodhi complainant orally informed the police station that on the same day at 8:30 A.M. deceased Ankit (son of the brother of the complainant) and Girdhari (PW-5) then aged 11 years had gone to school. At 10 AM on the same day Girdhari (PW-5) and Badri (PW-3) came running and disclosed that the appellant has thrown the deceased in the well. The complainant Prakash Singh Lodhi (PW-2) and Mahesh rushed to the well and found that Badri (PW-3), Samrath (PW-4), Babulal Master and other had pumped out water from the well and took out the body of deceased. FIR (Ex. P-2) bearing crime No. 257/2008 was lodged and the dead body was sent for postmortem. The postmortem report (EX.P-1) was prepared by the autopsy surgeon Dr. Pradeep Sharma (PW-1). Statements of witnesses were recorded u/S. 161 Cr.P.C., whereafter appellant was arrested and requisite formalities of investigation were completed. Charge-sheet was filed before the committal court whereafter the case was committed to the court of sessions. Charge u/S. 302 IPC was framed against the sole accused/appellant who pleaded innocence and sought trial. The trial court after marshalling the evidence returned the finding of guilt and convicted the appellant for the charge of murder u/S. 302 IPC and sentenced him to life imprisonment alongwith fine of Rs. 1000/- with default clause.