SURA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction and order of sentence dated 13.11.2006 passed by the Additional Sessions Judge, Burhanpur in S.T. No.87/06, arising out of the Crime No.27/06 registered at Police Station Shahpur, district Burhanpur, by which the appellant - accused has been convicted under Sections 302 and 201 of IPC and sentenced to imprisonment for life and fine of Rs.1000/- and RI for 3 years and fine of Rs.500/-; in default of payment of fine, further RI for 3 years and RI for 1 year, respectively, the appellant has preferred the present appeal.

(2.) In brief, the prosecution case is that deceased Amrit was the sole son of the appellant having 12 acres of land in his possession, out of which, 11 acres of land was given to the deceased and his name was also got mutated in the revenue records. Thereafter, the appellant wanted the land back from the deceased and frequently made quarrel with the deceased about the land and the appellant resided with his wife separately in the same house with the deceased. On 17.01.2006 the deceased and his wife Geeta Bai (PW-1) had gone to the field. The deceased was fixing wooden poles around the well with the help of Sabbal and Geeta Bai (PW-1) was picking cotton at some distance in the field. After some time, the appellant / accused also came over there and sat down near in the field of chili and thereafter he came to Geeta Bai (PW1) and said that the deceased has fallen down into the well situated in the field. At that time, she saw that the Dhoti worn by the appellant was stained with blood and she became unconscious. After some time, she became conscious and fetched his son Uttam (PW-2) from the school with a rope. The appellant informed the Police Station Shahpur about the incident, on which Merg No.3/06 was registered and the Police reached on the spot and took out the dead body of the deceased from the well and after Merg inquest, FIR vide Ex.P/36 was registered at Crime No.27/06 for the offence under Section 302 of the IPC against unknown person. During investigation, Geeta Bai (PW-1) informed the police that when the appellant informed her that her husband has fallen down into the well, the Dhoti worn by the appellant was stained with blood. There was an injury on the person of the deceased and Sabbal was inserted in his leg towards upper side and on postmortem examination, it was also found that the deceased sustained incised wound caused by a hard and sharp object on his head, resulting fracture on the head and he died on account of the head injury. The appellant was arrested on 20.1.2006 vide arrest memo Ex.P/32 and on the basis of the information given by him, Blood stained Dhoti and an axe were seized as per seizure memo Ex.P/33. Axe was seized from the field near the well while the Dhoti was seized from the house of the appellant and the seized articles were sent to the FSL. As per the report of FSL, Ex.P/38, on the Dhoti presence of blood was not confirmed but on the axe human blood was found. After investigation was over, a charge sheet was filed against the appellant before the court of JMFC, Burhanput for the offence under Sections 302 and 201 of the IPC, who on its turn committed the case for the court of Session for trial.

(3.) The learned trial Court framed charges for the offence under Sections 302 and 201 of the IPC against the appellant / accused. The appellant / accused abjured his guilt and stated that he was innocent and claimed for trial.