KAILASH AND RAMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With consent of the parties, heard finally.

(2.) In brief, the prosecution case is that on 29.04.2017 at about 07:30 in the evening, the deceased Shankar had left his house stating that he is going to buy tobacco (Gutka) but did not return home. His worried wife Kamlabai informed her Jeth and Kaka Sasur (brother-in-law & brother of father-in-law) Antarsingh and Karansinhgh. They both rang on his mobile which went unanswered. Thinking that he might have stayed back in some marriage party, they went to sleep. When the deceased did not return till the morning, they started search for him. During the search, they saw his motorcycle standing in the courtyard of the appellants but they (appellants) were not present in the house. Balu @ Baliya informed them that in the night, the motorcycle of deceased Shankar impinged on wife of appellant Kailash and annoyed by this, Kailash and his son beat him till death. At about 09:30, Karamsingh informed father of the deceased Ratansingh that the dead body of Shankar is lying near culvert of a Nullah. Ratansingh along with Jubansingh and Karamsingh informed and mobilized the police. A Merg under section 174 of the Cr.P.C was registered and the police started investigation. The police visited the spot, prepared memo of corpse in presence of the witnesses, sent the dead body for post-mortem, prepared spot map, seized some blood stained clothes, seized blood stained and plain soil from the spot, arrested the appellants, recorded statements of the witnesses and after completing the investigation, filed chargesheet.

(3.) The accused persons were charged, tried, convicted and sentenced as stated in para no.1 above.