CHHOTU @ SAMAL SINGH S/O SUKHRAM GOND Vs. STATE OF MADHYA PRADESH, THROUGH SHO, P S JUNNARDEO, DISTRICT CHHINDWARA

JUDGEMENT

(1.) This criminal appeal under Section 374 (2) of the Cr.P.C. filed on behalf of the appellant/accused Chhotu @ Samal Singh is directed against the judgment dated 21.7.2007 passed by the Court of Sessions Judge, Chhindwara in Sessions Trial No. 97/2006, whereby accused/appellant Chhotu @ Samal Singh was convicted of the offence punishable under Section 302 of the I.P.C. and was sentenced to undergo rigorous imprisonment for life and pay fine in the sum of Rs. 1000/-. In default of payment of fine, he was directed to undergo rigorous imprisonment for a further period of six months.

(2.) The prosecution case may briefly be stated thus: About 17-18 years ago, when the accused Chhotu @ Samal Singh was about 13-14 years old, deceased Gurdu had committed murder of Sumer Singh, elder brother of accused Chhotu in his presence, with regard to a matter relating to agricultural land. At about 8:30 p.m. on 3.2006., first informant Santosh, who was nephew of deceased Gurdu, came out of his house carrying his bicycle for going to his duty in the office of General Manager, Dungaria. He saw that deceased Gurdu and appellant Chhotu were siting on the raised platform (chabutara) near Mata Maddhiya. Immediately thereafter, Santosh heard a sound as if someone had thrown a stone down on the platform, coming for the direction of Mata Maddhiya platform. On hearing aforesaid sound, Santosh immediately went to the platform. He saw that accused/appellant Chhotu was killing Gurdu by beating him with a stone on his head. As accused/appellant Chhotu was leaving the place, first informant Santosh accosted him and asked him as to where was he going after killing his uncle Gurdu? He asked Chhotu to stop but Chhotu did not stop; whereon, Santosh ran after him for a long distance; however, accused Chhotu managed to escape towards Vishnu temple and from there to jungle. First informant Santosh returned and saw that deceased Gurdu had suffered severe injuries to his head and had died. Santosh went home and informed his father Ramesh, aunt-Sunita and grand-mother Saddiya about the incident. Thereafter, the first information report was lodged about an hour later at 9:30 p.m. the same day, in Police Station Junnardeo, District Chhindwara.

(3.) It is also the case of the prosecution that the police arrived on the spot and seized the blood stained stone, which was used in commission of murder. On 2006 the accused was arrested. On the disclosure statement made by him under Section 27 of the Evidence Act, blood stained clothes, which accused Chhotu was wearing at the time of the incident, were seized. As per the report of the Serologist, human blood was found on his shirt and pant, as also on the stone; however, the group of the human blood could not be determined upon any of the aforesaid articles.