CHHOTU AND ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the accused persons aggrieved by the judgment dated 22.8.2008 passed by the Special Judge, Mandla in S.T. No.64/2007, whereby the appellants have been convicted for offences punishable under Sections 302 r/w 34 & 201 r/w 34 of the IPC and sentenced to imprisonment for life with fine of Rs.2,000/- and R.I. for seven years with fine of Rs.2,000/- respectively along with default stipulation.

(2.) Prosecution case in brief is that on 5th February, 2007, a dead body of an unknown person without head was found near the field of Tirath at village Surajpur. His clothes were also found at culvert. The complainant Tirath lodged a report against unknown person. Hence, offence under Section 302 of the IPC has been registered at Police Station Motinala, District Mandla. During investigation, it was found that the dead body was of Santram aged about 12 years, who was the brother-in-law of appellant Chhotu. Santram (since deceased) was lastly seen with appellant Chhotu. It was found that Santram was killed by Chhotu with the help of appellant Rajesh. They separated his head from the remaining body using a sharp axe and hid it in the sand. After necessary proceedings, charge sheet was filed against the appellants for offences punishable under Sections 302 r/w 34 and 201 r/w 34 of the IPC.

(3.) The trial Court conducted trial. After considering the evidence on record and FSL reports, learned trial Court convicted the appellants and sentenced them as mentioned above.