GOPI @ GOVIND Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant against judgment dated 10.04.2007 passed in S.T.No.315/2006 by VIII Additional Sessions Judge (FTC), Sagar convicting the appellant Under Section 302, 459 and 394 of IPC and sentenced him to undergo R.I. for life and fine of Rs. 1000/- and in default of payment of fine, further RI for three months; R.I. for ten years and fine of Rs. 500/- and in default of payment of fine, further RI for three months and R.I. for ten years and fine of Rs. 500/- and in default of payment of fine, further RI for three months respectively.

(2.) The prosecution story, in short, is that on 29.06.2006, complainant Vipin Jain (PW2) was at his shop alongwith his father Virendra Jain (PW3). At that time his mother-Vimla Jain was alone at home situated at Mohan Nagar Ward, Sagar. At around 5:00 PM when the complainant and his father reached home, they found decesed-Vimla Jain lying dead in the kitchen and blood all around. Her clothes were besmeared in blood. Blood was oozing from her head and ears. Complainant called his neighbours Anil Jain and Arun Jain who came alongwith other neighbours. Complainant-Vipin Jain lodged a report (Exhibit P-5) with Police Station Moti Nagar alleging theft of ornaments worn by her mother and in furtherance thereof committal of murder by some unknown person. On the report of the complainant, Crime No.328/2006 was registered. Merg No.35/2006 was registered as Exhibit P-3. Dead body was sent for post mortem.

(3.) After due investigation by the Police, charge-sheet was filed against the accused-Gopi. Appellant abjured his guilt and pleaded innocence. He was tried by the trial Court. The trial Court held the appellant guilty for offence punishable under Section 302, 459 and 394 of IPC and sentenced as mentioned hereinabove.