ATIKALI Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant against judgment dated 27.4.2007, passed by Additional Sessions Judge (Fast Track Court), Raisen, in Sessions Trial No.98/2006 whereby the appellant has been convicted and sentenced as follows :- <FRM>JUDGEMENT_287_LAWS(MPH)2_2018_1.html</FRM>

(2.) In brief, the prosecution case is that on 5.3.2006 at about 11.00 am complainant Kashiram resident of village Rojda (Police Station Obedullaganj) had gone to forest for grazing goats. His wife Ganeshibai was alone in his house. At about 2.00 pm Govind informed him that his wife is lying on the floor of his house, post which he reached the house and saw that his wife Ganeshi bai was dead. She had sustained head injuries and both her legs were amputated. Some one had committed murder of his wife. Kashiram lodged a report at Police Station, Goharganj. Offence under Section 302 of IPC was registered against unknown person. During the investigation, it was found that the silver kade (anklets) of the deceased were also robbed by the culprit. Those ornaments and incriminating articles were found in the possession of the appellant. Blood stained button of his shirt was also found in the hand of the deceased. Charge sheet was filed against the appellant before the concerned Court.

(3.) After committal of the case, learned trial Court framed charges under Sections 302, 394, 397 and 450 of IPC against the appellant. The appellant abjured his guilt and pleaded that he was falsely implicated by the police in the offence.