KADORI NANDLAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal filed by the accused Kadori against judgment dated 24-1-1972, passed by Shri Ram Murti, Additional Judge to the Sessions Judge, Vidisha, in Sessions Trial No. 47 of 1971.

(2.) THE accused has been held guilty under section 302/394 of the Indian penal Code and he has been sentenced to undergo imprisonment for life for offence under section 302, Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for a period of five years for offence under section 394, Indian Penal Code. Both the sentences are to run concurrently.

(3.) THE prosecution story, in short, is that deceased Poonam Chand goyal was a registered medical Practitioner at village Lateri and he very often used to go on visits to his patients in the neighbouring villages. It is alleged by the prosecution that on such visits to the neighbouring villages, he used to keep the accused in his company, who carried the canvas bag (Art. C) containing medicines. From two days prior to the fateful day, the deceased had some Rs. 2,000 on his person and on the fateful day, i. e. , 20-9-1971, the deceased accompanied by the accused Kadori, boarded the Maulana bus at lateri at 8. 00 a. m for the village Roosai, where they got down at 9. 00 a. m. From Roosai, the deceased reached the village Badi Rusalli at 5. 30 p. m. via mawakhedi. At Badi Rusalli, the deceased had a peg to liquor for Rs. 2 at the liquor shop of Inder Singh (P. W. 10) and then the deceased accompanied by the accused proceeded towards Mundra. After having been seen together with the accused Kadori at Badi Rusalli, the deceased Poonam Chand Goyal was never seen alive thereafter by anybody. It is alleged that by greed, the accus-ed pounced upon the deceased and axed him to death during the night intervening 20-9-1971 and 21-9-1971 and robbed him of his watch (Art. A) and other ornaments. On the next morning, the dead body of the deceased Poonam chand Goyal was seen in a field near the village Lalchiya and the matter was reported to the police. On the recovery of the deceased's watch (Art. 4) from the possession of the accused, coupled with the recovery of the blood-stained axe at the instance of the accused and the fact that the accused and the deceased were last seen together, the accused was prosecuted for the offence of murder and robbery.