JAGDISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant challenging the judgment dated 20.08.2002, passed by Sessions Judge, Sagar in S.T. No. 227/2001, whereby the appellant has been convicted under Section 302 of Indian Penal Code and sentenced to undergo life imprisonment for committing murder of Roop Singh.

(2.) The brief facts of the prosecution case is that a dead body of a man was found in the river Bebas on 23.03.2001. A marg intimation was registered by the police. The body was identified as that of Roop Singh by his father Ratiram (PW-1) and the appellant Jagdish (brother-in-law of the deceased). After post-mortem, it was found that cause of death was asphyxia, hence FIR was registered under Section 302/201 of the Indian Penal Code. During investigation, the appellant was taken into custody. He informed the police about the weapon which was used for committing the offence. Police recovered the aforesaid weapon and other articles used by the appellant for committing the murder of the deceased. After due investigation, chargesheet was filed against the appellant before the concerned Court under Section 302 and 201 of Indian Penal Code.

(3.) After committal of the case, learned Trial Court framed charges under Section 302 of the Indian Penal Code against the appellant. The appellant abjured guilt and pleaded innocence.