RATIRAM GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure (hereinafter shall be referred to as "Cr.P.C") has been filed being aggrieved by the judgment of conviction and sentence dated 8.10.2009 passed by Sessions Judge, Dindori in Sessions Trial No.29/2009 convicting the appellant Ratiram Gond for the charge under Section 302 of the IPC and directing to undergo imprisonment for life with fine of Rs.1000/-, in default S.I. for one year.

(2.) The prosecution story in brief is that Lalju, father of Chamru Singh and Amru was found dead in the morning of 7.2.2009 in the forest of Pataldobhi near village Bhurkadobhi. The incident took place between 3 p.m. of 6.2.2009 to the next day morning 8 a.m. of 7.2.2009. The Merg intimation was registered by the police through Chamru Singh, son of deceased Lalju in the noon at 3:20 p.m. on 7.2.2009 inter alia stating that his father was residing in a hut situated in the field where some cattle were also kept for grazing. The mother Hiriya Bai use to visit there to look after the cattle and to serve meals to her husband Lalju and grandson Ratiram, who also use to live with him. On 6.2.2009, after serving meals, she came back to village Dhamni at about 3 p.m. On the next day morning i.e. 7.2.2009, when she again visited to the hut (Gwari) at about 8 a.m., she found that her husband Lalju was lying dead on a cot. He was having injuries on the neck and hands. Blood stains were spread all over the cot. On asking Ratiram, he was not found on spot then she came back at home and informed Chamru (complainant) about the incident, on which, he immediately reached on the spot alongwith his sister Amrutia and brother-in-law Mahru Singh and saw the injuries present on the neck and hands of Lalju due to which he succumbed and having suspicion of committing his murder by someone, noticed that his nephew Ratiram, who was residing with Lalju is not present on the spot. The police recorded the confessional statement of the Ratiram Ex.P/15 in presence of Amrit Singh and Vishram with respect to commission of murder and weapon used in the offence i.e. Axe has been thrown near the khalihan of Kodo Kutki Paira Dhig. The recovery of the said weapon was made at the instance of accused. During the course of investigation, as per post mortem report, the doctor opined that the injuries received to the deceased may be caused by means of axe, connecting the said circumstance with last seen.

(3.) After completion of investigation challan was filed registering an offence under Section 302 of the IPC against the appellant in the Court of competent Judicial Magistrate First Class. On found that the case was triable by Court of Sessions, the Magistrate committed the case to the Court of Sessions where charge under Section 302 was framed against the accused. The accused abjured the guilt and demanded trial taking defence of false implication with a plea of alibi inter alia contending that he was not present on the spot.