NARENDRA RAIKWAR Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
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VIRENDER SINGH,J. -
(1.) The appellant has preferred this appeal challenging his conviction under Section 302, Indian Penal Code and sentence of Life Imprisonment with fine of Rs.500/- and in default Rigorous Imprisonment for one month awarded by Additional Sessions Juge, Nowgaon, District Chhatarpur vide judgment dated 30th April, 2011 delivered in Sessions Trial No. 211/2007.
(2.) The prosecution case, in brief, is that prior to the incident, a theft was committed in Kalimai Temple in the intervening night of 22- 23rd October, 2005 wherein silver crown and girdle (Chandi Ka Mukut and Kardhani) were stolen. Siyasharan Choubey (deceased) was a priest of the temple and he lodged F.I.R. No. 1395/2005 under Sections 457 and 380 I.P.C suspecting Narendra (appellant). He was prosecuted and acquitted vide judgment dated 21.4.2009.
(3.) On 7.7.2007, at 11:30 a.m. when the deceased was inside his house, the appellant came and started shouting outside the house. He (appellant) challenged him (deceased) to come out of the house. Responding his call when the deceased came out and asked him as to what happened, He alleged that he had implicated him in the case of theft and wielded helm/oar on his head. The deceased fell down on the ground, but the appellant didn't stop and repeated the blows with full force. The deceased sustained severe injuries on the head and started bleeding. When his nephews Umashankar Mishra and Siyasharan Mishra shouted and run towards him, he run away. Siyasharan chased him, but in vain. The deceased died on the spot. Umashankar lodged Dehati Merg and Dehati Nalshi (Ex. P-10). Based on this, the police registered Merg Ex.P-13 and F.I.R No. 103/2007 at Police Station Garhi Malehra (Ex. P-11) and investigated the case. During the investigation, the police visited the spot, prepared spot map (Ex.P-4) and memo of corpse (Ex. P-5), sent the body for post-mortem (Ex.P16), arrested the accused on 9.7.2007 (Ex. P-8), recorded his statement (Ex.P-6) and recovered helm along with his blood-stained shirt and pants (Ex.P-7) from his possession, sent the seized articles to the F.S.L (Ex.P-19) and recorded statements of Gupalli @ Gopal Raikwar, Om Prakash @ Langad, Siyasharan Mishra and Umashankar Mishra. After completing the investigation, the police filed the charge-sheet.;
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