KALLU Vs. STATE OF M P

JUDGEMENT

(1.) In the present appeal challenge has been made to the order of conviction and sentence dated 25.05.2007 passed by Additional Sessions Judge, Khurai, District-Sagar in Sessions Trial No. 432/06 whereby the appellant has been convicted u/s 302 IPC and sentenced to imprisonment for life and fine of Rs. 1,000/- in default of payment of fine, additional R.I. for two months.

(2.) The prosecution case, in brief, is that on 03.09.2006, the complainant Pannalal had given an intimation to the police that in the morning at about 9 AM, when he had gone to the filed to harvest his crop and when he came back at about 10 AM, he was informed by his grandson-Deshraj and grand-daughter, Shanti that their mother (deceased Sukhwati) has been murdered by elder father-accused (elder brother of her husband). The said intimation was registered at as Ex. P-12 and during course of investigation, the same was recorded as dehati nalishi vide Ex. P-8.

(3.) On the said intimation, the investigation officer PW-14, Prashant Mishra had gone to the spot and prepared the dead-body panchnama, Ex. P-4, in the presence of the witnesses and the dead body was sent for autopsy to Government Hospital, Khurai, District-Sagar. The Post Mortam report is Ex. P-2. He had also seized the blood stained soil, one stone, pieces of broken bangles etc. vide Ex. P-5. After recording the statement of the witnesses, an FIR was registered vide Ex. P-9. The accused was arrested and on the discovery statement, a memorandum Ex. P-6 was executed and one white colour cotton towel, one terricot full pant and one cream colour shirt were seized on the discovery statement of the accused. The clothes of the deceased were also seized and all the seized articles were sent for chemical examination to the FSL vide request letter, Ex. P-14. The FSL report is Ex. P-16.