BANMALI Vs. STATE OF MP

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 30-12-2008 passed by Special Judge (MPDVPK Act), Shivpuri in Special Sessions Trial No.69 of 2008, thereby convicting the appellant for offence under Section 302,394 of I.P.C. read with Section 11/13 of M.P.D.V.P.K. Act and has been sentenced to undergo the Life Imprisonment and a fine of Rs.5000/- with default imprisonment and Rigorous Imprisonment of 5 years and a fine of Rs.1000/- with default imprisonment, respectively. No separate sentence has been awarded for offence under Section 11/13 of M.P.D.V.P.K. Act.

(2.) The appellant was initially granted bail by this Court, however, as he jumped bail, therefore, he was sent to jail to undergo the remaining jail sentence and accordingly, he is in jail.

(3.) The necessary facts for the disposal of the present appeal in short are that the deceased had mortgaged the silver ornaments of his wife, with the appellant and he went to redeem the same, but thereafter did not return back. About 2-3 days thereafter, his dead body was found in a forest area, near village Davikalan. An information was given by Jasrath Khangar to the Police Station Pichhore. The inquest report was prepared, the cloths and other belongings were got identified from the father of the deceased Suraj Singh and accordingly, it was found that the dead body was of Suraj Singh. The statements of the witnesses were recorded and accordingly, offence under Section 302 of I.P.C. was registered in crime no. 249/08. The silver ornaments belonging to the wife of the deceased, were recovered from the possession of the appellant. The police after completing the investigation, filed the charge sheet against the appellant.