RAMMU SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the appeals are filed against the common order of conviction and sentence dated 08-09-2008, passed by 4th Additional Sessions Judge, Dindori in S.T.No.85/2008, whereby the appellants have been convicted and sentenced as under:

(2.) The prosecution case is that on 07-04-2008, at about 9 a.m. Amrit Singh was on his field, at that time deceased Mahendra Singh came and sat there for drinking water. At that time, appellant Rammu came with an axe and assaulted deceased Mahendra Singh on the neck and had given one blow on the head. Mahendra died at the spot. The appellant had thrown the dead body in the runnel. The family members of Mahendra Singh started searching him when he did not return to the house, then Amrit Singh informed them about the incident. They came on the field but the dead body was not there. The report was lodged by Amrit Singh at the police station and the case was registered under Section 302 of IPC and thereafter, the investigation was carried out. During the investigation, the dead body was recovered, which was buried by appellant Rammu Singh with the help of appellant Dal Chand.

(3.) After the investigation, charge sheet was filed and the accused persons were tried for the offence under Section 302 of IPC, alternatively under sections 302 read with section 34 and 201 of IPC. Appellant Rammu Singh was convicted under sections 302 and 201 of IPC, whereas appellant Dal Chand was convicted under section 201 of IPC for causing disappearance of evidence and he was acquitted under sections 302 and 302/34 of IPC.