GORU ALIAS GORIYA Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been directed by the appellant against his conviction and sentence passed by the learned Seventh Additional Sessions Judge (Fast Track Court), Ujjain in Sessions Trial No. 248/04 dated 22. 09. 2005 whereby convicted the appellant under Section 302 of the IPC and sentenced to R. I. for life with fine of Rs. 500/-, in default of payment of fine, additional R. I. for 6 years and under Section 201 of the IPC and sentenced to R. I. for 6 months with fine of rs. 200/-, in default of payment of fine additional R. I. for 2 months.

(2.) ACCORDING to the prosecution case, on 10. 12. 2003 at 7. 00 a. m. PW-1 Shahid lodged a report in Alot Police Station recorded by Station House Officer m. S. Parmar that on 09. 12. 2003, in the morning, at 7. 00 a. m. , his brother Ajju had gone to work as labour from their house and did not return back upto evening shahid inquired from Shabbir and Babloo about deceased Ajju at which Babloo informed him that yesterday at 11. 00 a. m. he had sent Ajju from Village Kherapeer to Alot with his motorcycle to bring Rs. 1,500/- from Village but he did not return back. PW-1 Shahid alongwith Shabbir, Arif and Amjad went in search of deceased ajju and they were iuformed by PW-8 Arif alias Bhayyu Khan that yesterday on 09. 12. 2002 at 1. 00 p. m. he had seen appellant taking deceased on motorcycle forcibly on a road going to Talod. On this information all reached at Talod and came to know that Ajju in day time at 12. 30 p. m. went on motorcycle towards alot and appellant after purchasing liquor from liquor shop had also gone towards alot. In search they found motorcycle lying at a road of Iliyakhedi and dead body of Ajju was lying inside the bushes by the side of the road. They noticed injuries on the right side of the eye and face seems to be caused by stone and marks of pressure by rope on the neck were also present. According to Shahid, his brother ajju was murdered by the appellant on account of previous ill-will. On the basis of this report, merg No. 0/2003 was registered and PW-17 Assistant Sub Inspector shri Parmar started its inquiry. The spot map Ex. P/39 and P/40 were prepared. Police photographer PW-10 Jadhav took photographs Ex. P/13 to P/30 of the dead body and the spot. Blood stain and controlled earth were seized from the spot alongwith one silver ring on which word "ms" was engraved through seizure memo Ex. P/5. From the spot motorcycle No. MP43-K-4050 was also seized. Seized articles were sent for query to Civil Hospital Mahidpur. PW-22 Babulal rane recorded Dehati Nalishi and same was sent to Head Constable PW-18 vijay Singh on the basis of which he registered FIR (Ex. P/44 ). Seized articles were sent to Forensic Science Laboratory. Dead body was sent for postmortem examination and the same was performed by PW-11 Dr. Dineshchand Saxena, who also issued postmortem report (Ex. P/31 ). Appellant was arrested on 03. 06. 2004 and on completion of investigation, appellant was charge-sheeted for commission of murder of deceased Ajju.

(3.) APPELLANT refuted the charges and claimed for trial. He did not examine any witness in defence. Learned Trial Court found the prosecution case proved on the basis of the evidence adduced, and convicted and sentenced the appellant as described here-in-above.