VIJAY AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is arising out of the judgment of conviction and order of sentence dated 30/06/2009 passed by 2nd Additional Sessions Judge, Betul in Sessions Trial No.49/2008 whereby the appellants (Vijay, Munshilal and Anil) have been convicted under Section 302 read with Section 34 of IPC and sentenced to life imprisonment with fine of Rs.500/-, in default of payment of fine, further RI for one year.

(2.) Briefly stated the case of prosecution is that on 10/11/2007 at 9.30 a.m., a report was lodged by Kanchhedilal (PW-1) to Police Station Bijadehi that on 09/11/2007 his father Chhannulal and mother Samiyabai (PW-2) were at home and he went to river for taking bath and after taking bath he returned to home at 2.00 p.m., then her mother Samiya Bai (PW-2) told her that appellant No.1-Vijay and appellant No.3-Anil, son-inlaw of appellant No.2-Munshilal came to his house and took his father along with them. When in the evening Chhannulal, father of Kanchhedilal (PW-1) did not return, Samiya Bai (PW-2) asked her son to inquire the where about of his father. When he was inquiring about his father's where about, then on the way he met Krishna (PW-3) and Chhannu Thathiya (not examined) who told that his father was assaulted by accused persons and thereafter they thrown his body at the back side of their house. Thereafter he went along with Ashok (not examined) to the back side of the house of appellant No.2- Munshilal and saw that his father was lying unconscious. On the basis of the intimation, Marg No.25/07 was registered and after Marg investigation, FIR vide Crime No.45/2007 under Section 302/34 of IPC was registered against the appellants vide Ex.P/2. During investigation, spot map (Ex.P/3) and inquest (Ex.P/13) were prepared. Police statement of witnesses were recorded. Appellants were arrested and their memorandum under Section 27 of the Evidence Act was recorded vide Ex.P/4 to P/6. On the basis of memorandum Alazarzar was seized vide seizure Ex.P/8 to Ex.10. After completion of investigation charge sheet was filed against the appellants in the Court of Judicial Magistrate First Class, Betul who, in turn, committed the case to the Court of Sessions, Betul from where it was received on transfer by the 2nd Additional Sessions Judge, Betul, who conducted the trial.

(3.) The trial Court after appreciating the statement of last seen witness Samiya Bai (PW-2), sole eye witness Krishna (PW-3) and Autopsy Surgeon Dr.Mahendra Patil (PW-6) came to the conclusion that the present appellants have inflicted multiple injuries to the deceased and all the injuries were antemortem in nature.