SHAMBHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The 3rd Additional Sessions Judge, Ujjain in Session Trial No.193/2004 vide judgment dated 11.05.2005 recorded conviction of the appellant under Section 302 of Indian Penal Code (For short "IPC) and sentenced him to undergo life imprisonment with fine of Rs. 2000/- in default to suffer further imprisonment of 1 years. Being aggrieved of the aforesaid, the appellant has preferred this appeal under section 374 (2) of Criminal Procedure Code, 1973 (In short "Cr.P.C.").

(2.) Facts of the case in short are that on 31.03.2004 at about 08 to 08:30 pm Mohan brother of complainat-Naval had gone to his tube well for sleeping. Next day morning the Vikramnephew of Naval Singh had gone to answer the call of nature, after returning back he informed that the dead body of Mohan is lying on the way of Devkundhi and his vehicle is standing nearby. Then Naval reached on the spot and found that his brother was lying dead and he sustained injuries in his neck. Then he learnt that on the outgoing night Mohan, Chandar and Dashrath arranged a party in the house of appellant-shambhu and after the incident Shambhu absconded and one candle lighting in his house. Thereafter, Naval Singh lodged an FIR (Ex.P/8) at police station Bhatpachalana, District Ujjain. Head Constable-Premnarayan Yadav (PW/12) reached on the spot and he prepared spot Map (Ex.P-9), he recovered one splendor motorcycle bearing registration No. M.P.-13-JD-4226 alongwith steel box of milk from the spot under seizure Memo (Ex.P-5). Then a search was made of the house of appellant-Shambhu and Panchnama (Ex. P/6)has been prepared. The lash Panchnama (Ex. P/4) of the deceased-Mohan was prepared . The dead body of the deceased was sent for postmortem. The statement of witnesses were recorded in which it has come that during the party on 31.03.2004 at about 10 pm quarrel was taken place between Shambhu and deceased - Mohan due to which Shambhu inflicted injuries to Mohan by sword, as a result he was died. The police arrested appellant-Shambhu . On the basis of his disclosure statement (Ex.P-7) recorded under Section 27 of the Evidence Act, one blood stained sword was recovered under the seizure memo (Ex.P-11) and seized article were sent to the Regional Forensic Laboratory, Rau, District Indore for chemical analysis. After completion of investigation, charge-sheet was filed, before the Judicial Magistrate First Class, who committed the case to the Session Court and ultimately it was transferred to the 3rd Additional Sessions Judge, Ujjain.

(3.) The appellant/accused abjured his guilt and took a plea that he is innocent and falsely implicated in the present case, due to the enmity with the villagers, however, no evidence was produced by the appellant in his defence.