PARAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 28.11.2008, passed in S.T. No.118/2006. Appellant was prosecuted for commission of offence punishable under Section 302 of IPC. Trial Court held appellant guilty for commission of offence and awarded sentence.

(2.) Prosecution story in brief is that the deceased was Keep of the appellant. Their relationship was not cordial, there was quarrel between them. Appellant used to beat the deceased after drinking liquor. The deceased came to the house of the appellant two days before the incident on 27.5.2006. There was quarrel between the deceased and the appellant. On the next day morning i. e. on 28.6.2006 the appellant and the deceased both left the house at around 4.00 o'clock in the morning at nearby forest to fetch some fire wood for cooking the food. The daughter of the deceased was at the house. She witnessed that they left the house together. Thereafter, in the morning appellant told Ex-Sarpanch that he had killed the deceased. Ex-Sarpanch informed the police on phone. The brother of the appellant lodged the FIR at the police station. Police conducted investigation and filed charge sheet. Appellant abjured his guilt during trial. Trial Court convicted the appellant and awarded sentence of life with fine of Rs.1,000/-.

(3.) Conviction of the appellant is based on circumstantial evidence and last seen.