KALLU @ KALICHARAN Vs. THE STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 27.09.1995 passed by IVth Additional Sessions Judge, Chhatarpur in Sessions Trial No.234/1991, whereby the appellant has been convicted under Sections 394 and 302 of the Indian Penal Code and sentenced to undergo R.I. for five years and fine amount of Rs.1,000/- and life imprisonment respectively, with default stipulations.

(2.) The prosecution story in brief is that deceased Kishan Devi aged about 72 years was resident of village Ajra, Police Outpost Gadhimalhera, District Chhatarpur. In the intervening night of 19 th and 20th May, 1991, she died at the field of Rajaram nearby the Urmil river. Her body was firstly seen by her daughter-in-law Ashadevi (PW-1). She found some gold and siler ornaments of the deceased were missing and cloth was put in the mouth of the deceased to gag her. Blood came out from her nose. Ashadevi (PW-1) informed about the incident to village Sarpanch Laxman Singh, Vishnu Prasad, Shankar Lal and others and lodged FIR (Ex.P/4) at police outpost Gadhimalhera. During investigation, some ornaments of the deceased were recovered from the appellant on the basis of his memorandum. Hence, charge-sheet for the offence under Sections 302 and 394 of I.P.C. has been filed against the appellant.

(3.) After committal of the case, learned trial Court framed charges under Section 302 and 394 of the Indian Penal Code against the appellant. Appellant abjured guilt and pleaded innocence and false implication.