CHHAGNIYA Vs. STATE OF MP

JUDGEMENT

(1.) Appellant Chhagniya has preferred this appeal against judgment and order dated 10/04/2017 passed in Sessions Trial No.05/2016 by Sessions Judge, Alirajpur, whereby the learned trial Court has convicted the appellant under Sections 302/34 & 201 of IPC and sentenced him for life with fine of Rs.5000/- and 3 years RI with fine of Rs.1500/-. In default of payment of fine, he is further directed to suffer RI of one year and six months respectively.

(2.) Succinctly stated facts of the prosecution case are that in the evening of 23/10/2015, co-accused Kaliya took the deceased Indriya from his house to help him to irrigate his crops. Indriya did not return home till the next morning. His wife Dhedadibai went to the hutment of the Kaliya to inquire about him, stated that Indariya had not come with him, but his daughter Geeta (P.W.5) told her that her father Kaliya and uncle Chhagniya (appellant) have killed Indirya by inflicting spade and arrow respectively and have thrown his body near the pond. Geeta took her to the spot, where she saw dead body of Indriya. Dhedadibai informed the police and lodged FIR Ex.P/1, alleging that Kalia had sold silver Hasdi/tagli (an ornament) of her sister-in-law Jhinglibai 2-3 years ago and Indriya had asked him to return the same, therefore Kaliya with the help of Chhagniya has murdered Indriya.

(3.) The police investigated the case, prepared the spot map, collected blood-stained soil (Ex.P/6), called the witnesses (Ex.P/7) and prepared memo of corpse, sent the body for postmortem, Dr. D.S. Chouhan (P.W.5) performed postmortem and after observing ante-mortem injuries; opined that the death of the deceased was due to syncope due to excessive hemorrhage as a result of ante-mortem injury No.1 & 2. The police arrested Kaliya and Chhagniya, seized spade and bow and arrow from them, raised query with Dr. Chouhan as to whether the injuries found on the deceased may be caused by the articles seized from the appellants, who replied it positive. The police also recorded the statement of the witnesses and produced them before the Judicial Magistrate also, who recorded their statements under Section 164 of Cr.P.C., The Police sent the seized articles to the FSL, who confirmed presence of human blood on spade seized from Kaliya and on T-shirt and bow seized from Chhagniya. After completing investigation, the police filed charge-sheet.