GANGARAM Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed on 29/04/2013 under Section 374 (2) of the Cr.P.C. by Gangaram against the judgment dated 30/11/2012 passed by the Sessions Judge, Burhanpur in S.T. No. 77/2011. By the aforesaid judgment, the learned Court convicted the appellant for the offences under Sections 302 and 201 of the I.P.C. and sentenced him to life imprisonment with fine of Rs. 500/- for offence under Section 302 of I.P.C. and R.I. for two years with fine of Rs. 500/- for offence under Section 201 of I.P.C.

(2.) As per prosecution story, Patalia is a resident of village Chidiyapani, Police Station Nepanagar, District Burhanpur having some agriculture land. Rajaram was the son of his sister. Before two years from the date of incident i.e. on 21/08/2011, Rajaram was shifted to the house of his maternal uncle Patalia for helping him in the work related to agriculture. Some part of the land of Patalia was encroached by Rama and Jagdish since two or three years back and they gave the aforesaid land for cultivation to appellant Gangaram. Before the date of incident, some altercation took place between Patalia and Gangaram and Gangaram beat Patalia by stone. Gangaram also gave the threat to Rajaram to leave the aforesaid place, otherwise, he will see him. On the date of incident i.e. on 21/08/2011, Patalia had gone to village market Nepanagar with his wife at about 10 A.M. to 11 A.M. When at about 5 P.M., they came back to the house, their son Mansharam told that he and Rajaram had gone to agriculture field for watching and also for grazing the cattles. Some cattles entered in the Agriculture field of Gangaram. Upon this, some altercation took place between Gangaram and Rajaram. Thereafter, Mansharam came back to the house for taking the meals. When he again reached to the Agriculture field after taking the meals, he found that Rajaram was not available there. He searched Rajaram nearby places. Patalia also searched Rajaram after getting the information from Mansharam but they could not find Rajaram till night. In the morning of 22/08/2011, Mansharam again went for grazing the cattles towards Khetnala Jhoonajhir forest. Patalia was also searching Rajaram at about 11:30 A.M. Mansharam called Rajaram and said that the dead body of Rajaram is lying in the water. Patalia and Doulya reached near the Nullah and saw that the dead body of Rajaram was lying in the bank of Junajhir Mohanikund with injuries upon the upper part of the eye and mouth. They have also seen the injuries upon the ear. The blood was oozing from the injuries. After seeing the dead body, Patalia lodged the F.I.R. Ex. P-2 at Police Station Nepanagar, District Burhanpur on 22/08/2011 at 12:45 P.M. The police registered the Crime No. 248/2011 under Section 302 of I.P.C. It is stated in the report that the complainant having suspicion upon Gangaram because of land dispute.

(3.) The police reached on the spot and issued the notice Ex. P-4 and in the presence of witnesses, the police prepared the Inquest Panchnama Ex. P-5 and spot map Ex. P-3 was also prepared. Another spot map was prepared by Patwari. Police sent the dead body for post-mortem from the spot. The police seized one Axe, water of the Nullah (place in which the dead body was found), one Baniyan with blood stained by Ex. P-1. Statements of various witnesses were also recorded. The police arrested accused Gangaram from his house on the same day, prepared the Panchnama Ex. P-13 and also seized his clothes by Ex. P-14 because his clothes were having some blood stain. The police interrogated the accused and recorded a memo under Section 27 of the Evidence Act Ex. P-16 and as per information given by the accused in the aforesaid memo, the police reached on the place with the accused where the murder was committed. The place was situated in the forest Chidiyapani. The police prepared the confirmation Panchnama Ex. P-17 and accused produced the stone with blood stained which was seized by the police by Ex. P-18. The aforesaid stone was sent to the Doctor (who conducted the postmortem) for the opinion. All the seized articles were sent to the F.S.L. with the memo Ex. P-19 and P-20 and the F.S.L. report Ex. P-21 and P-22 were received.