RAMESH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed by the convict Ramesh son of Late Mulu alias Mulla alias Malla under the provisions of Section 374 (2) of Cr.P.C. being aggrieved by the judgment dated 3.5.2008 passed by the Court of Sessions Judge, Sheopur, in Sessions Trial No.68/2007 convicting the appellant under the provisions of Section 302 of IPC and sentencing him to life imprisonment.

(2.) Prosecution case in short is that on 8.5.2007 between 9 to 10 pm appellant approached the house of Besati Bai (PW-2) and shot from point blank range on her husband Mangilal, who was sleeping on a cot. Besti Bai (PW-2) was sleeping by the side of her husband on a different cot and was feeding her infant baby. When she shouted for help, then her father Kishan (PW-3) and her brother-in-law Bhagu arrived at the scene of crime and on the basis of such narration Kishan (PW-3) lodged the FIR (Ex.P/2 and Ex.P2-A). Thereafter, Naksha Panchayatnama was prepared vide Ex.P/7, dead-body was sent for postmortem vide Ex.P/8 and vide Ex.P/1 postmortem was carried out by Dr. M.S.Sagar (PW1). In the postmortem report, following injuries have been found:-

(3.) After investigation was over, charge-sheet was submitted in the Court of JMFC, Sheopur, who committed the case to the Court of Sessions. Charges were framed against the appellant who abjured his guilt and demanded complete and fair trial.