MAHADEV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal under Section 374(2) of Cr.P.C., against the judgment dated 31.01.2008 passed by Special Judge Atrocities, Betul(M.P.) in Special Case No.144/2006. The appellant was prosecuted for commission of offence punishable under section 302 of IPC and awarded R.I. for life with fine of Rs. 1000/- and under section 201 of IPC awarded R.I. for 3 years with fine of Rs. 500/-.

(2.) Prosecution story in brief is that the deceased was living in his field. Wife of the deceased left the field after offering food to him. When she went on the next morning at the field, her husband was not there. Some blood was found on the cot and bed where the deceased used to sleep. Wife of the deceased called her Bhabhi( wife of brother of the deceased) and lodged a report at the police station. Subsequently, appellant came to the Sarpanch of the village. He told him that he had murdered the deceased. Sarpanch informed the police about the aforesaid fact.

(3.) The Trial Court has held that there is sufficient evidence against the appellant. On the extra judicial confession of the appellant dead body of the deceased was recovered at his instance. The blood stains were found on a rod seized from the appellant and the clothes of the appellant and clothes of the deceased. On the basis of aforesaid evidence, Trial Court convicted the appellant for commission of offence punishable under section 302 of IPC and awarded R.I. for life with fine of Rs. 1000/- and under section 201 of IPC and awarded R.I. for 3 years with fine of Rs. 500/-.