MANSUKH RAIKWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved by the judgment and order dated 12/04/2007 passed by the Sessions Judge, Damoh in ST No.204/2006, whereby the appellant has been convicted under Sections 302 of IPC and sentenced to life imprisonment with fine of Rs.100/- and under Section 201 of IPC for two year's RI with fine of Rs.100/-, in default of the same he is further sentenced to SI for one month on each count.

(2.) The prosecution case in short is that in the night of 17th June, 2006 at around 11:00 PM at Village Hardua Sadaka, near the lake the murder of Tarwar Singh took place. As Tarwar Singh did not reach to his house, his father Kallu Singh and Gopal Gond went to search him and on 18.6.2006 at around 6:00 AM in the morning one Halle Singh PW/7 informed Kallu Singh PW/6 the father of the deceased that in the night he had seen Mansukh Raikwar, Sunnu Raikwar and deceased Tarwar Singh going towards the lake and when the father of the deceased along with Halle Singh and Munna PW/1 reached the lake, he found the dead body of Tarwar Singh, who had received injuries on his neck and nearby of his body, a shoe, a bottle of liquor, rat poison etc. were also lying. Thereafter FIR vide Crime No.168/06 was lodged by the father of the deceased on 18.6.2006 against the unknown persons. The dead body of the deceased was sent for the postmortem. After completing the investigation, the charge sheet was filed against the present appellant on the ground of sole testimony of a child witness, and the learned Sessions Judge, Damoh after recording the evidence convicted the present appellant under Sections 302, 201 of IPC and sentenced as mentioned above.

(3.) Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred by the appellant.