Decided on February 08,2018

Mahendra Alias Bhaddu Appellant


V.K. Shukla, J. - (1.) In the instant appeal, a challenge has been made to the order of conviction and sentence dated 11-04-2007, passed by Sessions Judge, Betul in S.T.No.182/2006, whereby the appellants have been convicted under Section 302 of IPC and sentenced to undergo imprisonment for life.
(2.) The prosecution case in brief is that on 03-08-2006 Raghu Pawar had met with accused/appellant Santosh, near the hotel of Babloo. It is alleged that accused Santosh and Raju Pawar had demanded money from Raghu Pawar for drinking alcohol. It is further alleged that Raghu Pawar forced by the accused/appellant Santosh to go to village Rodha. When Raghu Pawar denied to accompany the accused persons, they caused 'marpeet' with him. The same was informed by Raghu to his brother Pramod and some others. It is further alleged that on the next day morning at about 7.00 A.M. when deceased Pramod Pawar was going to Multai to bring his wife and his brother Manoj Pawar had gone to drop him upto taxi stand. After dropping the deceased when Manoj Pawar was returning, he heard the cries of Pramod and saw that the appellants were assaulting him with the help of sword. It is alleged that when Manoj Pawar ran to rescue his brother deceased Pramod, the accused/appellants fled away. Thereafter Golu (PW-6) intimated about the incident to Raghu (PW-8). The deceased was taken to the district hospital, where he was declared dead.
(3.) The intimation was given about the incident to PW-9 Pradeep Mishra. He registered the offence vide Ex.P-17, at Police Station Betul Bazar on '0'.He reached at the spot and prepared the dead body panchnama Ex.P-19 and the dead body was sent for postmortem. The autopsy was done by Dr.Ashok Baranga (PW-3) on 04-06-2006. PW-9 Pradeep Mishra, the Investigating Officer had also taken blood stained sample from the spot and recorded the statements of Manoj, Raghu, Raju, Gannu, Ashok, Rahu and Dhannu. After that the accused were arrested vide Ex.P-3, Ex.P-4 and Ex.P-5 on the basis of discovery statements Ex. P-6, Ex.P-7 and Ex.P-8. The weapons like knife were seized, which were found in a hidden place vide Ex.P-9, Ex.P-10 and Ex.P-12. In addition to that one blood stained shirt was also recovered on the discovery statement of accused Sheetal. The seized articles were sent for scientific expert report. After completion of investigation, the charge sheet was filed. The charges under section 302 IPC alternatively under section 302 read with section 34 of IPC were framed. The accused persons abjured their guilt and submitted that they have been falsely implicated.;

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