SANTOSH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as ''Cr.P.C'') has been filed being aggrieved by the judgment of conviction and the sentence dated 23.1.2007 passed by the Sessions Judge, Bhopal in Sessions Trial No.175/2006 convicting the appellant Santosh for the charge of Section 302 of the Indian Penal Code (hereinafter shall be referred to as ''I.P.C'') for committing the murder of deceased Ajay Sharma and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 15000/- and out of the amount of fine, Rs. 5000/- was directed to be paid towards compensation to the legal heirs of the deceased Ajay Sharma.

(2.) The case of the prosecution in brief is that on 5.4.2006 at about 9:00 pm, when complainant Jameel Khan (PW.1) was standing at Sonagiri Auto-Stand, altercation took place between accused Santosh and deceased Ajay Sharma and they scuffled with each other. Thereafter, accused Santosh ran away from the spot while deceased Ajay Sharma fell down. The first information report of the incident was lodged by eye-witness Jameel Khan (PW.1) vide Exhbiit P/1 on 5.4.2006 at 11:00 pm. The police investigation commenced. Seizure of knife used in commission of the offence was made at the instance of accused Santosh and it was sent to the Forensic Science Laboratory alongwith the clothes and blood stained earth for examination.

(3.) After completion of the investigation, the Challan was filed in the Court of Judicial Magistrate First Class, District Bhopal but as the case was triable by the Court of Sessions, therefore, it was committed to the Court of Sessions for trial where the charges of Section 302 of the I.P.C was framed against appellant/accused Santosh.