GANESH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant Ganesh being aggrieved by the judgment dated 15. 9. 1995 delivered by learned First Additional Sessions judge, Chhindwara in Sessions Trial No. 237/1992 convicting the appellant under Section 302 I. P. C sentencing him to undergo rigorous imprisonment for life has filed this appeal.

(2.) THE prosecution case in short is that on the fateful day i. e on 22. 5. 1992 at about 5. 00 p. m when Mohan s/o Shyamlal was at his home, in an Ambassador car WGJ 6655 Mohan singh Parmar, Ganesh and two other persons came to his house and took Mohan (the deceased) with them. At about 11. 30 in the night in the said car Mohan was brought back and as he was unable to walk he was held by others (might have been lifted by others) was brought to his house and was handed over to Lata (P. W. 1) widow of the deceased. The deceased was taken inside the house and was made comfortable on a bed laid on the ground. In the morning on the calls made by Lata (P. W. 1) when the deceased did not wake up the body was touched by the widow and she found that the deceased had died. The matter was thereafter reported to police, the police made various investigations and thereafter the body was sent for postmortem. The doctor conducting the postmortem found that the stomach had ulcerations, there were traces of liquor and a pesticide known as organo phosphorous. He found that the death was homicidal in nature. The viscera was preserved and sent to the Forensic Science Laboratory who in their turn found that the viscera contained organo phosphorous a pesticide and the said chemical led to the death.

(3.) THE prosecution agency after concluding the investigation filed the charge sheet against the accused ganesh, Sukhdev and Rajendra Singh. On completion of the trial accused Sukhdev and Rajendra Singh were acquitted but as the appellant Ganesh stands convicted he has filed this appeal.