LAKHAN S/O BABULAL Vs. KAILASH

JUDGEMENT

(1.) Being aggrieved by his conviction under Section 302 of IPC, the appellant Lakhan S/o Babulal has preferred this appeal. The appellant was tried along with his brother Makhan S/o Babulal and Lakhan S/o Charan under Section 302 in alternate 302/34, 394 and 397 of IPC. After the trial, the learned trial Court acquitted Makhan S/o Babulal and Lakhan S/o Charan from all the charges and convicted the appellant under Section 302 of IPC and he has awarded life imprisonment and fine of Rs.5,000/-, in default, one year RI vide judgment dated 30/08/2018 passed by first Additional Sessions Judge, Shajapur in ST No.11/2018.

(2.) The prosecution case is based on circumstantial evidence. Allegation is that on 05/12/2017 at about 9 pm Dinesh had gone to his farm land to run water pump and noticed that an injured person was lying under the jamun tree. He came back and revealed the fact to the co-villager Jaiprakash. Jaiprakash called the police. The police took him to Shajapur hospital for treatment, but during treatment, he died. He was identified as Ashok @ Bhuriya. It was found that his death was homicidal. The police registered Merg and thereafter Crime No.225/17 and investigated the case. In investigation, it emerged out that some unknown persons with intent to rob the deceased, murdered him. The police recorded statement of the witnesses Prabhulal (P.W.4), Kailash (P.W.5), Prakash (P.W.9) and Radheshyam (P.W.10), who informed the police that they had last seen the appellant and co- accused persons in the company of the deceased. Police apprehended them and on their pointing, recovered some grocery items, bloodstained clothes, particularly a stabilizer which the deceased had taken while going to market to get it repaired and a dark brown coloured cap which he was wearing when last seen alive. Scientist of FSL confirmed existence of human blood on the clothes seized from the appellant and other co-accused persons. After completing the investigation, the police filed charge-sheet.

(3.) The appellant and other co-accused persons charged, tried and acquitted/convicted and sentenced as stated in para-1 above.